IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 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.55667/2018(GM-MM-S) BETWEEN:
M/S DECCAN EXPLORATION SERVICES PVT. LTD. NO.5,19TH MAIN ROAD, 4TH SECTOR, HSR LAYOUT, BANGALORE - 560 012 REPRESENTED BY AUTHORISED SIGNATORY MR.SANDEEP LAKHWARA ... PETITIONER (BY SRI.D.L.N. RAO, SENIOR ADV. FOR SMT.PALLAVI BARUAH, ADV.) AND:
1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES, MSME & SUGAR) # 135,1ST FLOOR, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001 2. COMMISSIONER AND DIRECTOR DEPARTMENT OF MINES & GEOLOGY "KHANIJA BHAVAN", RACE COURSE ROAD, BANGALORE - 560 001 ... RESPONDENTS (BY SRI.VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO ISSUE THE GRANT NOTIFICATION LETTER AND SUBSEQUENTLY EXECUTE THE MINING LEASE DEED IN FAVOUR OF THE PETITIONER ACTING IN FURTHERANCE OF THE DIRECTION OF THE CENTRAL GOVERNMENT CONTAINED IN ITS LETTER DATED 07.02.2017, COPY PRODUCED AT ANNEXURE - T.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
O R D E R The petitioner has made an application in the prescribed Form-I on 08.06.2006 for grant of mining lease for gold which is marked as Annexure D. The competent authority, the Government of India, Ministry of Mines has processed petitioner’s application. Necessary NOCs have also been received by the respondents. However, despite repeated requests, respondents have not considered petitioner’s application.
2. Sri D.L.N. Rao, learned Senior counsel for the petitioner, adverting to one such representation produced as Annexure W1 dated 16.07.2018 addressed to the Secretary, Commerce and Industries Department, Bangalore submits that respondents have not considered petitioner’s representation. Accordingly, he seeks a direction to the respondents to consider petitioner’s application for grant of mining lease for gold and to execute the mining lease deed.
3. On the other hand, the learned counsel for the respondents submits that representation as per Annexure W1 dated 16.07.2018 shall be considered and appropriate orders would be passed within a period of six weeks.
4. We dispose of this writ petition with a direction to the respondents to consider petitioner’s representation dated 16.07.2018 (Annexure-W1) within an outer limit of six weeks from the date of receipt of a copy of this order.
No costs.
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ACTING CHIEF JUSTICE Sd/- JUDGE nm