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.38688 OF 2018 (GM-MM-S) BETWEEN :
ABDUL MALLIK S/O ABDUL RAHEMAN, AGED ABOUT 52 YEARS BANDAHALLI VILLAGE, KOLLEGAL TALUKA-571 439 CHAMARAJ NAGAR DISTRICT (BY SRI R G KOLLE, ADV.,) AND :
1. STATE OF KARNATAKA REP.BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU BENGALURU-560 001 ... PETITIONER 2. THE PRINCIPAL SECRETARY TO GOVT., DEPT. OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU BENGALURU-560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001 4. THE SENIOR GEOLOGIST (MINES) & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY KUVEMPU NAGAR, MYSURU-570 023 5. THE DEPUTY COMMISSIONER & CHAIRMAN, DISTRICT TASK FORCE (MINES) COMMITTEE, MYSURU DISTRICT, MYSURU-570 023 ... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-4 TO PASS APPROPRIATE ORDER OF DEEMED EXTENSION IN RESPECT OF QUARRY LEASE AT QL. NO. 59/416 OVER AN AREA OF 01.00 ACRE IN SY.NO.
448 OF HASUVINAKAVAL VILLAGE, PERYAPATTAN TALUKA, MYSURU DISTRICT VIDE ANNEXURE-A PURSUANT TO A RENEWAL APPLICATION DATED 09.08.2011 VIDE ANNEXURE-B FOR A PERIOD OF 20 YEARS FROM THE DATE OF ORIGINAL GRANT EXCLUDING UN-SPENT PERIOD, AS PER TERMS OF NEWLY AMENDED RULE 8-A(4) EFFECTIVE FROM 12.08.2016 AND 18.11.2017 AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER Heard.
2. Petitioner had a quarrying lease and claims to have filed an application for its renewal on 09.08.2011 for 20 years from the date of original grant. It is his case that the said application has not been considered as on date.
3. Sri Vikram Huilgol, learned HCGP appearing for the State submits that since eight years have elapsed, the application in question made by the petitioner may have been disposed of. He assures that in case, the application has not been considered as on date, the same shall be considered within eight weeks from today.
4. The submission of learned HCGP is placed on record.
5. In the circumstances, this petition is disposed of with a direction to the respondents to consider and dispose of petitioner’s application within an outer limit of eight weeks from today, if not already disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca