IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 20th day of April, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR WRIT PETITION No.7370 OF 2017 (GM-MM-S) BETWEEN:
A.V.POOJAPPA S/O.VENKATAPPA AGED ABOUT 51 YEARS R/AT.WARD No. 7 BAGEPALLI, NEAR KOTTAPALLY ROAD CHIKKABALLAPURA DISTRICT PIN:562 101 ...PETITIONER (BY SHRI.G.S.PATIL, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001 2. THE SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA BANGALORE-560 001 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN, RACE COURSE ROAD BANGALORE-560 001 4. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT AND CHAIRMAN, RULE 11 COMMITTEE CONSTITUTED, UNDER KARNATAKA MINOR MINERAL CONCESSION RULES 1994, VIDHANA SOUDHA BANGALORE-560 001 5. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 101 …RESPONDENTS (BY SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT / LETTER ISSUED BY THE R-5 DATED 10.07.2015 AT ANNEXURE-F IN SO FAR AS NOT ISSUING NOC IN RESPECT OF REMAINING 2 ACRES 20 GUNTAS OF LAND AS SOUGHT FOR BY THE PETITIONER IN SY.NO.10 OF KAMMAVARAPALLY VILLAGE, KASABA HOBLI, BAGEPALLY TALUK, CHIKKABALLAPURA DISTRICT FOR GRANT OF QUARRY LEASE AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R By filing this writ petition, the writ petitioner is challenging an endorsement dated July 10, 2015.
2. An application was made by the writ petitioner for grant of quarrying licence in respect of 5 acres of land in Survey No.10 of Kammaravarapally Village, Kasaba Hobli, Bagepalli Taluk, Chikballapur District.
3. A joint inspection was held. It was noticed by the authorities that there are several applicants in relation to the same survey number and, therefore, the writ petitioner was granted licence in respect of only 2 acres 20 guntas in the said survey number.
4. We do not find any merit in the writ petition.
5. The writ petition is dismissed.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.