IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NOS.43092-43094/2017 (GM-MM-S) BETWEEN:
1. A.V. ADHINARAYANA AGED ABOUT 50 YEARS S/O VENKATASWAMY R/O ARURU VILLAGE MANDIKAL HOBLI CHIKKABALLAPURA DISTRICT-562105 2. P. RAMESH BABU AGED ABOUT 44 YEARS S/O MUNIRATHNAM R/O PERASANDRA VILLAGE & POST, CHIKKABALLAPURA DISTRICT-562105.
3. G. NANDEESH AGED ABOUT 40 YEARS S/O R. GANGANNA JYOTHINAGARA, M.G. ROAD GOWRIBIDNUR ... PETITIONERS (BY SRI K.B. SHIVAKUMAR, ADVOCATE) AND:
THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY MINERALS DIVISION CHIKKABALLAPURA-562105.
... RESPONDENT (BY SRI V.G. BHANUPRAKASH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO DECLARE THAT THE QUARRYING LEASES OF THE PETITIONERS ARE DEEMED TO HAVE EXTENDED FOR A PERIOD OF 20 YEARS, IN VIEW OF RULE 8(2) OF KARNATAKA MINOR MINERALS CONCESSION (AMENDMENT) RULES, 2016.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER First Petitioner was granted quarrying lease in respect of ordinary building stone to be carried out in Sy.No.168 of Varlakunda Village, Gudibande Taluk, Chikkaballapur District to an extent of 5 acres for a period of 5 years commencing from 09.02.2011. Likewise, second petitioner was also granted quarrying lease in respect of ordinary building stone to be carried out in Sy.No.11 of Jannalakunte Village, Chikkaballapur Taluk and District to an extent of 1.20 acres for a period of 5 years commencing from 09.02.2011. Further, third petitioner was also granted quarrying lease in respect of ordinary building stone to be carried out in Sy.No.168 of Varlakunda Village, Gudibande Taluk, Chikkaballapur District to an extent of 4 acres for a period of 5 years commencing from 09.02.2011.
The grievance of the petitioners is that renewal applications submitted by them are not being accepted; and as such, the petitioners are seeking for writ of mandamus being issued to the respondent to declare that their quarrying leases shall be deemed to have been extended for a period of 20 years.
The respondent has appeared and has filed its statement of objections denying the averments made in the petitions while contending that petitioners have not made any application for renewal of their leases.
Having heard Shri K.B.Shivakumar, learned counsel for the petitioners and Sri.V.G.Bhanuprakash, learned Additional Government Advocate for the respondent-State, we are of the considered view that justice will be sub-served by granting liberty to the petitioners to submit a representation in detail to the respondent within four (4) weeks from today highlighting thereunder the licenses having been granted to persons who are similarly placed.
If such a representation is filed, the respondent shall consider and dispose of the same by passing a speaking and reasoned order expeditiously and within an outer limit of four (4) weeks from the date of submission of such representation and necessarily, after extending an opportunity of hearing to the petitioners or their authorised representatives.
These writ petitions stands disposed of accordingly. No costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE DR