IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NO. 29432 / 2019 (GM-MM-S) BETWEEN:
M/S. BALAJI ENTERPRISES PROPRIETOR – H.S. MOHAN S/O H.A. SHIVANNA AGED 50 YEARS NO.55, MOUNT ENCLAVE LAYOUT VIDYANAGAR CROSS, JAALA HOBLI BENGALURU NORTH – 562 157 ... PETITIONER (BY SHRI RAJESH BHAT, ADVOCATE FOR SHRI R. G. KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHAN SOUDHA BENGALURU – 560 001 2. THE SECRETARY TO GOVT.
DEPARTMENT OF COMMERCE & INDUSTRIES VIKAS SOUDHA BENGALURU – 560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY CHIKKABALLAPUR – 562 101 5. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR – 562 101 6. THE DEPUTY CONSERVATOR OF FORESTS CHIKKABALLAPUR FOREST DIVISION CHIKKABALLAPUR – 562 101 7. THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR – 562 101 .... RESPONDENTS (BY SHRI VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 SENIOR GEOLOGIST AND COMPETENT AUTHORITY TO IMMEDIATELY GRANT-EXECUTE A QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONES IN GOVT. GOMAL LAND BEARING SY.NO.182 OF YARRAMARENAHALLI VILLAGE IN CHIKKABALLAPURA TALUKA & DIST. OVER AN AREA OF 10.00 ACRES PURSUANT TO QL APPLICATION DATED 24.07.2014 PRODUCED AT ANNEXURE-B IN TERMS OF NEWLY AMENDED RULE 8(6) EFFECTIVE FROM 12.08.2016 IN FORM GL-C AND / OR IN FORM GL; PURSUANT TO THE ORDER DATED 04.11.2015 PASSED BY THIS HON’BLE COURT IN W.P.NO.41778/2015 PRODUCED AT ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The learned counsel appearing for the petitioner tenders a memo dated 18th July 2019 stating therein that “in view of undelivered endorsement dated 27th May 2017”, the petitioner may be permitted to withdraw the petition with liberty to file a fresh petition challenging the said endorsement issued under Rule 8B(1) and (2) of the Karnataka Minor Mineral Concession Rules, 1994.
Accordingly, the petition is disposed of as withdrawn with liberty as prayed for. All contentions are kept open.
Sd/- CHIEF JUSTICE Sd/- JUDGE