IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 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.55532 OF 2018 (GM-MM-S) BETWEEN:
G. ERANNA AGED 40 YEARS S/O LATE GANGAIAH R/O CHANNASANDRA BYATHA POST HESARAGHATTA HOBLI BENGALURU URBAN DISTRICT BENGALURU – 560 089.
(BY SRI K.B. SHIVAKUMAR, ADVOCATE) AND:
THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY BENGALURU RURAL DISTRICT 13TH FLOOR, V.V. TOWERS DR. AMBEDKAR VEEDHI BENGALURU – 560 001.
... PETITIONER ... RESPONDENT (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 RESPONDENT TO EXECUTE THE QUARRYING LEASE DEEDS IN FAVOUR OF THE PETITIONER IN RESPECT OF ANNEXURES-A AND B DATED 19.03.2018 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER By a notification dated 19.03.2018, respondent granted ordinary building stone quarry to the petitioner. Thereafter, on 09.08.2018, petitioner obtained environmental clearance. The matter was pending consideration for execution of lease deed with the respondent. Since lease deed was not executed by the respondent, petitioner has presented this writ petition.
2. Despite presentation of this writ petition, respondent has not executed the lease deed. No plausible explanation is forthcoming on behalf of the respondent for not executing the lease deed.
3. In our view, having issued the notification as early as in March, 2018 and the environmental clearance having been received in August, 2018, it was incumbent on the respondent to have executed the lease deed.
4. In the circumstances, we dispose of this writ petition with a direction to the respondent to execute the lease deed within a period of eight weeks from the date of receipt of a copy of this order.
As prayed for by Shri V.G. Bhanuprakash, learned AGA, we clarify that this order is passed in peculiar circumstances of the case and shall not be treated as precedent.
Petition is accordingly disposed of. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca