IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 21042 OF 2017 (GM-MM-S) BETWEEN M/S BALAJI ENTERPRISES A PROPRIETORSHIP CONCERN, REPRESENTED BY H.S.MOHAN S/O H.A.SHIVANNA, AGED 48 YEARS, 55, MOUNT ENCLAVE LAYOUT, VIDYANAGAR CROSS, JAALA HOBLI, BENGALURU NORTH - 562 157.
(BY SRI R G KOLLE, ADVOCATE) AND 1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001.
... PETITIONER 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. ADDITIONAL CHIEF SECRETARY & CHAIRMAN RULE 11 COMMITTEE, CONSTITUTED UNDER KMMC RULES, 1994, VIDHAN SOUDHA, BENGALURU - 560 001.
5. THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE, CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR - 562 101.
... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, ADDL. GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-5 TO COMMUNICATE TO R-3 TO IMMEDIATELY PROCESS THE QUARRYING LEASE APPLICATION DATED 15.4.2014 AT ANNEX-A FOR HAVING OBTAINED DEEMED REVENUE & FOREST NO OBJECTION CERTIFICATES, THEREBY IMMEDIATELY GRANT CONDITIONAL QUARRYING LEASE TO EXTRACT PINK GRANITE IN GOVT. LAND BEARING SY.NO.9 OF GUDASIHALLI VILLAGE, IN CHIKKABALLAPURA TALUK AND DISTRICT, OVER AN AREA OF 04.20 ACRES FOR A PERIOD OF 30 YEARS IN TERMS OF NEWLY AMENDED RULE 8(6) EFFECTIVE FROM 12.8.2016.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Although there was a specific direction by this court by an order dated October 7, 2015, directing the authorities to consider the application of the writ petitioner dated April 15, 2014, for grant of quarry lease for extraction of ornamental stone, we regret to note that such consideration has not been made.
2. We pass a peremptory direction to the authorities to consider and dispose of the application of the writ petitioner within three weeks from today, and to report compliance.
3. The writ petition stands disposed of.
4. We make no order as to costs.
Sd/- CHIEF JUSTICE vgh* Sd/- JUDGE