IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NOS.48734/2017 (GM-MM/S) C/W 48735/2017, 47411/2017, 26382/2017, 26971/2017, 31374/2017, 31756/2017, 34469/2017 AND 47107/2017 IN WP No. 48734 OF 2017 BETWEEN:
ASHOK. R. K.
S/O. RAMAKRISHNA KABADI, AGED ABOUT 35 YEARS, M/S BHAVANI ENTERPRISES, NEAR SBM BANK, KUMARAPATTANAM, RENEBENNUR TALUKA - 581 115 HAVERI DISTRICT (BY SRI. R.G.KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU, BENGALURU - 560001 2. THE PRINCIPAL SECRETARY TO GOVT DEPT. OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU, BENGLAURU - 560001 ... PETITIONER 3. THE DIRECTOR DEPT. OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGLAURU - 560001.
4. THE SENIOR GEOLOGIST (MINES) DEPT. OF MINES AND GEOLOGY, 2ND GATE, CONTONMENT, BALLARI - 583104.
5. THE DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT SAND MONITORING COMMITTEE, BALLARI DISTRICT, BALLARI - 583104.
... RESPONDENTS (BY SRI. VIKRAM HUILGOL, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE PROCEEDINGS OF MEETING DTD:10.8.2017 BY THE R-5 REJECTING THE HIGHEST FINAL PRICE BID OFFER SUBMITTED BY THIS PETITIONER, TO EXTRACT 3,94,028MT ORDINARY SAND OVER AN AREA OF 25.00 ACRES IN SY NO.165, 265, 264 & 190 OF VANENURU[P], SINDHAVAL[P], BANAPUR [P] AND YERRAGUDI[P] VILLAGE, BALLARI TALUKA AND DISTRICT, PRODUCED AT ANNEXURE-A CONTRARY TO NEWLY INSERTED RULE 31-T [8] EFFECTIVE FROM 12.8.2016; AND ETC.
IN WP No. 48735 OF 2017 BETWEEN:
T. V. PRASAD, S/O T.VENKATAIAH, AGED ABOUT 40 YEARS, NO.234, 16TH WARD, NEAR GUEST HOUSE, VISHWANTHAPURAM COLONY, SRIRAMPURAM, BALLARI-583104.
(BY SRI. R.G.KOLLE, ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU, BENGALURU–560 001.
2. THE PRINCIPAL SECRETARY TO GOVT. , DEPT. OF COMMERCE & INDUSTRIES, VIKAS SOUDHA, BENGALURU, BENGALURU-560 001.
3. THE DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 O01.
4. THE SENIOR GEOLOGIST (MINES), DEPARTMENT OF MINES & GEOLOGY, 2ND GATE, CANTONMENT, BALLARI-583 104.
5. THE DEPUTY COMMISSIONER & CHAIRMAN, DISTRICT SAND MONITORING COMMITTEE, BALLARI DISTRICT, BALLARI-583 104.
... RESPONDENTS (BY SRI.VIKRAM HUILGOL, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE PROCEEDINGS OF MEETING DATED:10.8.2017 BY THE R-5 REJECTING THE HIGHEST FINAL PRICE BID OFFER SUBMITTED BY THIS PETITIONER, TO EXTRACT 5,04,354 MT ORDINARY SAND OVER AN AREA OF 32.00 ACRES IN SY NO.458, ASUNDI VILLAGE, BALLARI DISTRICT ALONGSIDE HAGARI RIVER, PRODUCED AT ANNEXURE-A CONTRARY TO NEWLY INSERTED RULE 31-T [8] EFFECTIVE FROM 12.8.2016; AND ETC.
IN WP No. 47411 OF 2017 BETWEEN:
M/S MARUTHI INFRASTRUCTURES & DEVELOPERS, A FIRM OF PARTNERSHIP, REP. BY ITS PARTNER, M. RAMKRISHNA RAO, W/O YESUNATH RAO, AGED ABOUT 43 YEARS, VIDYA NAGAR, CANTONMENT, BALLARI, BALLARI – 583 104.
... PETITIONER (BY SRI. R. G. KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA, REP BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU , BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY TO GOVT., DEPT. OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU, BENGALURU-560 001.
3. THE DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. THE SENIOR GEOLOGIST (MINES), DEPARTMENT OF MINES & GEOLOGY, 2ND GATE, CANTONMENT, BALLARI-583 104.
5. THE DEPUTY COMMISSIONER & CHAIRMAN, DISTRICT SAND MONITORING COMMITTEE, BALLARI DISTRICT, BALLARI-583 104.
... RESPONDENTS (BY SRI.VIKRAM HUILGOL, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE PROCEEDINGS OF MEETING DTD 10.08.2017 HELD BY R-5 DEPUTY COMMISSIONER AS THE CHAIRMAN OF DISTRICT SAND MONITORING COMMITTEE, REJECTING THE HIGHEST FINAL PRICE BID OFFER SUBMITTED BY THIS PETITIONER, TO EXTRACT 3,94,028 MT ORDINARY SAND OVER AN AREA OF 25.00 ACRES IN SY.NO.191 OF KARCHEDU VILLAGE, BALLARI DISTRICT, ALONGSIDE HAGARI RIVER, VIDE ANNX-A, CONTRARY TO NEWLY INSERTED RULE 31-T(8) AND (10), DESPITE ISSUING PROVISIONAL ACCEPTANCE LETTER DTD 30.05.2017 VIDE ANNX-C, AFTER RECEIVING RS.11.00 LAKHS AS SECURITY DEPOSIT BEING FOUR TIMES THE EMD AMOUNT OF RS.02.75LAKH, WITHIN PERMISSIBLE TIME LIMIT, WITHOUT AFFORDING A REASONABLE OPPORTUNITY OF BEING HEARD AND PASSING A "SPEAKING ORDER" IN GROSS VIOLATION OF BASIS PRINCIPLES OF NATURAL JUSTICES; AND ETC.
IN WP No. 26382 OF 2017 BETWEEN:
SRI. THEERTHARAJU M. D., SON OF G.DEVEGOWDA, AGED ABOUT 49 YEARS, RESIDING AT NO.40, PUMPA ROAD, VIDYANAGAR, HASSAN-573 201.
... PETITIONER (BY SRI. SANGAMESH R. B., ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF MINES AND GEOLOGY, BY ITS SECRETARY, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
2. SENIOR GEOLOGIST, MINES AND GEOLOGY, NO.MIG 73, KUVEMPU NAGAR, HASSAN-573 201.
3. TASK FORCE COMMITTEE, BY ITS SECRETARY, DISTRICT SAND MONITORING COMMITTEE, HASSAN-573 201.
... RESPONDENTS (BY SRI.VIKRAM HUILGOL, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD.7.6.2017 ISSUED BY THE R-2 VIDE ANNEX-E; QUASH THE IMPUGNED RE- TENDER NOTIFICATION DTD.12.6.2017 VIDE ANNEX-H ISSUED BY THE R-2 IN SO FAR AS BIGATHUR SAND BLOCK [HASSAN DISTRICT] IS CONCERNED FOR AN EXTENT OF LAND MEASURING 18 ACRES BEARING BLOCK NO.0SB-8; AND ETC.
IN WP No. 26971 OF 2017 BETWEEN:
SRI. H.K. MAHENDRA, S/O KALEGOWDA, AGED ABOUT 43 YEARS, R/AT:HANUMANAHALLI, MAVINKERE POST, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 211.
(BY SRI. SANGAMESH R. B., ADVOCATE) AND:
1. STATE OF KARNATAKA, DEPARTMENT OF MINES & GEOLOGY, BY ITS SECRETARY, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-570 001.
... PETITIONER 2. SENIOR GEOLOGIST, MINES & GEOLOGY, NO.MIG 73, KUVEMPU NAGAR, HASSAN-573 201.
3. TASK FORCE COMMITTEE, BY ITS SECRETARY, DISTRICT SAND MONITORING COMMITTEE, HASSAN-573201.
... RESPONDENTS (BY SRI.VIKRAM HUILGOL, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 7.6.2017 ISSUED BY THE R-2 HEREIN AT ANNEX-D; QUASH THE IMPUGNED RE-TENDER NOTIFICATION DATED 12.6.2017 ISSUED BY R-2 AT ANNEX-G IN SO FAR AS HARIHALLI-2 SAND BLOCK (SL.NO.7) IS CONCERNED FOR AN EXTENT OF LAND MEASURING 9 ACRES SHOWN AS BLOCK NO.OSB-8; AND ETC.
IN WP No.31374 OF 2017 BETWEEN:
MR. MOHAMMED ANEEF, AGED ABOUT 44 YEARS, S/O G. UMARAABBA, RESDING AT NO.2726/1, KEMPEGOWDA ROAD, BELUR, HASSAN DISTRICT-573 201.
... PETITIONER (BY SRI. L.M. CHIDANANDAYYA, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF COMMERCE & INDUSTRIES, (MSME & MINES) VIKASA SOUDHA, BANGALORE-560 001.
2. DIRECTOR, DEPATMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001.
3. DISTRICT SAND MONITORING COMMITTEE, HEADED BY ITS DEPUTY COMMISSIONER AND PRESIDENT, CHAMARAJANAGARA-571 313, CHAMARAJANAGARA DISTRICT.
4. SENIOR GEOLOGIST, HASSAN DISTRICT, HASSAN-573201.
(BY SRI.VIKRAM HUILGOL, HCGP.) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY ISSUING ENDORSEMENT ANNEXURE-A DTD:27.6.2017 ISSUED BY THE R-4 REJECTED THE BID OF THE PETITIONER AND THE COPY OF THE RE-TENDER NOTIFICATION ANNEXURE-B DTD:12.6.2017 ISSUED BY R-4; QUASH THE ENDORSEMENT ANNEXUER-A DTD:27.6.2017 ISSUED BY THE R-4 REJECTED THE BID OF THE PETITIONER AND THE COPY OF THE RE- TENDER NOTIFICATION ANNEXURE-B DTD:12.6.2017 ISSUED BY THE R-4; AND ETC.
IN WP No. 31756 OF 2017 BETWEEN:
SRI. ANIL KUMAR K.S., AGED ABOUT 38 YEARS, S/O SANKAPPA, EX-SERVICEMAN, EWS-304/3, SHANKARIPURAM, HASSAN-573 201.
(BY SRI. PRAKASH B. S., ADVOCATE) ... PETITIONER AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, COMMERCE & INDUSTRIES DEPARTMENT, (MSME & MINES), VIKASA SOUDHA, BANGALORE-560 001.
2. THE DIRECTOR/COMMISSIONER, DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVANA, R.C.ROAD, BANGALORE-560 001.
3. THE SENIOR GEOLOGIST (MINERAL), DEPARTMENT OF MINES & GEOLOGY, K.H.B.COLONY, KUVEMPU NAGAR, HASSAN-573 201.
4. DEPUTY COMMISSIONER & CHAIRMAN, DISTRICT SAND MONITORING COMMITTEE, HASSAN DISTRICT, HASSAN-573 201.
... RESPONDENTS (BY SRI.VIKRAM HUILGOL, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD.28.6.2017 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, MINERAL DIVISION, HASSAN REJECTING THE E-AUCTION BID OF THE PETITIONER FOR GRANT OF SAND QUARRY LEASE FOR QUARRYING SAND. THE ORIGINAL OF THE ENDORSEMENT DTD.28.6.2017 ISSUED BY THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY VIDE ANNEX-A; AND ETC.
IN WP No. 34469 OF 2017 BETWEEN:
SRI S. NAGARAJU, S/O SANNAIAH, AGED ABOUT 52 YEARS, R/AT HOSANAGARA EXTENSION, HASSAN ROAD, BELUR, BELUR TALUK, HASSAN DISTRICT-573 115.
... PETITIONER (BY SRI. CHANDRA KANTHARAJA URS B.G., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF MINES AND GEOLOGY, BY ITS SECRETARY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
2. SENIOR GEOLOGIST, MINES AND GEOLOGY, NO.MIG 73, KUVEMPU NAGAR, HASSAN, HASSAN DISTRICT-573 201.
3. TASK FORCE COMMITTEE, BY ITS SECRETARY, DISTRICT AND MONITORING COMMITTEE, HASSAN, HASSAN DISTRICT-573 201.
... RESPONDENTS (BY SRI.VIKRAM HUILGOL, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD.29.6.2017 ISSUED BY THE R-2 VIDE ANNEX-B; QUASH THE IMPUGNED RE-TENDER NOTIFICATION DTD.12.6.2017 ISSUED BY THE R-
2 VIDE ANNEX-F IN SO FAR AS VADOOR, SAND BLOCK [SERIAL NO.1] IS CONCERNED FOR AN EXTENT OF LAND MEASURING 15 ACRES SHOWN AS BLOCK NO.OSB-5; AND ETC.
IN WP No. 47107 OF 2017 BETWEEN:
SMT. VANAJAKSHI, W/O CHANNAPPA MALLADAD, AGED ABOUT 39 YEARS, OCC:PROPRIETOR, M/S SRI BASAVESHWARA STONE CRUSHER, AT POST: KALLIHAL, TALUK: HAVERI DISTRICT, HAVERI – 581 110.
... PETITIONER (BY SRI.SREENIVASA PATAVARDHAN K.R., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001.
2. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, RACE COURSE ROAD, BENGLAURU-560 001.
3. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, HOSPET, BELLARI DISTRICT – 583 101.
4. THE DISTRICT SAND MONITORING COMMITTEE, BY ITS DEPUTY COMMISSIONER AND PRESIDENT (MINES) BELLARI DISTRICT, BELLARI-583 101.
... RESPONDENTS (BY SRI.VIKRAM HUILGOL, HCGP.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY R-4 DISTRICT SAND MONITORING COMMITTEE, DEPUTY COMMISSIONER AND PRESIDENT (MINES), BELLARI DISTRICT, BELLARI DATED 11.08.2017 IN SO FAR AS THE REJECTION OF PETITIONER'S BID APPLICATION IN SO FAR AS SAND BLOCK NO.8-BLY-0SB SOVVENAHALLI, HOOVINAHADAGALI TALUK, BELLARI DISTRICT AT ANNEXURE-J AND QUASH THE IMPUGNED RE-TENDER PUBLICATION DATED: 07.12.2017 ISSUED BY THE MEMBER SECRETARY AND DEPUTY DIRECTOR OF R-4 AT ANNEXURE-K IN SO FAR AS ITEM NO.2, BLOCK NO.BLY-OSB-08 SOVVENHALLI; AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Learned High Court Government Pleader has placed on record memo dated 26th August 2019 enclosing therewith the copies of the proceedings dated 22nd August 2019 and 23rd August 2019 of the District Sand Monitoring Committee. The learned High Court Government Pleader states that in the said meetings of the District Sand Monitoring Committee, it was decided to issue provisional acceptance letters under Rule 31(T)(10) of the Karnataka Minor Mineral Concession Rules, 1994, to the petitioners. Copies of the provisional acceptance letters issued in five cases (W.P.Nos. 26382/2017, 26971/2017, 31374/2017, 31756/2017 and 34469/2017) have been annexed to the memo.
2. In view of what is stated in the memo, the respondents will have to issue provisional acceptance letters to petitioners in the rest of the petitions.
3. In view of the statements made in the memo tendered today and the documents annexed thereto, the prayers in the writ petitions have been worked out and it is not necessary to grant any relief in these petitions. Accordingly, by accepting the statements made in the memo tendered today by learned High Court Government Pleader, the petitions are disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE RD