IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 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.49793 OF 2018 (GM-MM-S) BETWEEN:
ASHOK KUMAR H.S. S/O SIDDALINGAIAH AGED ABOUT 31 YEARS R/AT HOSAHALLI VILLAGE OBALAPURA POST – 572 106 TUMKUR TALUK TUMKUR DISTRICT (BY SRI R.G.KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHAN SOUDHA BENGALURU – 560 001 2. THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA BENGALURU – 560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001 4. THE DEPUTY DIRECTOR & COMPETENT AUTHORITY ... PETITIONER DEPARTMENT OF MINES & GEOLOGY GANDHI NAGAR TUMKUR – 572 101 5. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE TUMKUR DISTRICT, TUMKUR – 572 101 6. THE DEPUTY CONSERVATOR OF FOREST O/O THE DEPUTY CONSERVATOR OF FOREST TUMKUR DIVISION TUMKUR – 572 102 ... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.4 TO IMMEDIATELY EXECUTE A FINAL QUARRY LEASE IN FORM GL TO EXTRACT ORDINARY BUILDING STONE IN GOVT. KHARAB LAND IN SY. NO.31 OF AMALAPURA VILLAGE IN TUMKUR TALUKA, TUMKUR DISTRICT OVER AN AREA OF 01.10 ACRES VIDE QL APPLICATION DATED 27.05.2015 FILED BY THE PETITIONER, PURSUANT TO ISSUING A GRANT NOTIFICATION DATED 22.12.2017 AND AN ENVIRONMENTAL CLEARANCE CERTIFICATE DATED 06.07.2018 PRODUCED AT ANNEXURES-A, B AND C AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER The grievance of the petitioner in this writ petition is that even after issuing notification for grant of ordinary building stone quarry, survey is not conducted and quarry lease is not executed.
2. Shri R.G.Kolle, learned advocate for the petitioner submits that ‘Environment Clearance’ has also been received.
3. Shri V.G.Bhanuprakash, learned Additional Government Advocate submits that survey will be conducted within a period of eight weeks.
4. Recording the submission of learned Additional Government Advocate, the writ petition is disposed of with a direction to conduct survey and the respondents to execute the lease deed after completion of survey within an outer limit of three months from the date of receipt of a copy of this order.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB