IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.36500 OF 2018 (GM-MM-S) BETWEEN:
A. S. SREENIVASA MURTHY S/O DODDASHARANAPPA, AGED ABOUT 67 YEARS, NO.58, KUNABEVU VILLAGE AND POST, CHITRADURGA TALUKA-577517 CHITRADURGA DISTRICT.
(BY SRI R G KOLLE., ADVOCATE) AND:
... PETITIONER 1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU, BENGALURU-560001 2. THE PRINCIPAL SECRETARY TO GOVT DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU BENGALURU-560001 3. THE DIRECTOR AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001 4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, BADDIHALLI, RING ROAD, TUMKURU-572104 5. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, TUMKURU-572102 6. THE DEPUTY CONSERVATOR OF FORESTS TUMKURU DISTRICT, OFFICE OF DCF, TUMKURU-572102 ... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT DIRECTOR & COMPETENT AUTHORITY TO IMMEDIATELY GRANT & EXECUTE A CONDITIONAL QUARRY LEASE IN FORM-GL-C, TO EXTRACT ORNAMENTAL STONE IN GOVT. LAND BEARING SY.NO.05 OF RANGANAHALLI VILLAGE, MADHUGIRI TALUKA, TUMKUR DIST., OVER AN AREA OF 10.00 ACRES AS PER QL APPLICATION DATED 15.04.2015 PRODUCED AT ANNEXURE-B, VIDE NEWLY AMENDED RULE 8(6) OF ITS PROVISO EFFECTIVE FROM 18.11.2017, PURSUANT TO AN ORDER DATED 18.09.2017 PASSED BY THIS HON'BLE COURT IN W.P.NO.41587/2017 PRODUCED AT ANNEXURE-A FOR DEEMING TO HAVE RECEIVED REVENUE & FOREST NOC AS WELL AS RECEIPT OF TECHNICAL REPORT DATED 06.06.2018 PRODUCED AT ANNEXURE-C & ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. Petitioner’s application for grant of quarrying lease having been declined by an endorsement dated 29.08.2017, he had approached this Court in W.P.No.41587/2017. By order dated 18.09.2017, the said endorsement has been quashed by directing the Chairman, District Task Force (Mines) Committee and the Director and Commissioner, Department of Mines and Geology to consider petitioner’s application for grant of quarrying lease within a period of eight weeks therefrom.
3. It is petitioner’s case, that despite said direction issued by this Court, the respondents have not considered his application. Hence, this writ petition.
4. Sri Vikram Huilgol, learned HCGP appearing for the State, fairly submits that the State undertakes to consider petitioner’s application and dispose of the same in accordance with law within an outer limit of eights weeks from today. His submission is placed on record.
5. In the circumstances, this petition is disposed of with a direction to the State Government to strictly comply with order dated 18.09.2017 passed in W.P.No.41587/2017 and to consider petitioner’s application in accordance with law, within eights weeks from today.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca