IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 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.7296 OF 2019 (GM-MM-S) BETWEEN:
CHIRANTH H.S S/O H.B. SATHYANARAYANA RAO AGE 35 YEARS CHIRANTH LODGE BEHIND OLD BUS STAND HASSAN – 573 201.
AND:
(BY SRI.K.DHIRAJ KUMAR, ADV.) ... PETITIONER 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY COMMERCE & INDUSTRIES DEPARTMENT (MSME & MINES), VIKASA SOUDHA BENGALURU-560 001.
2. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001.
3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY PANCHAYAT BHAVAN, 1ST FLOOR RAMANAGAR 562 127. ... RESPONDENTS (BY SRI.V.G.BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO EXECUTE QUARRY LEASE DEED IN FAVOUR OF THE PETITIONER PURSUANT TO NOTIFICATION DATED 24.05.2016 (25.5.2016) FOR BUILDING STONE (M- SAND) FOR PERIOD OF 20 YEARS UNDER RULE 27 OF KARNATAKA MINOR MINERAL CONCESSION RULES, 1994 OVER AN AREA OF 24-26 ACRES IN SY. NO.47 OF DUBBAGOTTIGE VILLAGE, MAGADI TALUK, RAMANAGARA DISTRICT PRODUCED AT ANNEXURE-A WITHIN A SPECIFIC TIME FRAME AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard Shri K.Dhiraj Kumar, learned advocate for petitioner and Shri. V.G.Bhanuprakash, learned AGA for the State.
2. By a Notification dated 24.05.2016, respondent No.3 granted quarrying lease/licence for quarrying of Building Stone (M.Sand) in favour of petitioner for a period of 20 years. The respondents did not execute the lease deed in petitioner’s favour. Subsequently, petitioner has given representation as per Annexure-E dated 21.12.2018 requesting respondents to execute the lease deed in pursuance of the grant order. The same has not been considered. Hence, this writ petition.
3. In the circumstances, we dispose of this writ petition with a direction to the respondents to consider petitioner’s representation(Annexure-E), as expeditiously as possible and in any event, within an outer limit of three months from the date of receipt of a copy of this order, in accordance with law.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR