IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.18859 OF 2017 (GM-MM-S) BETWEEN G LAKSHMIKANTHAIAH S/O LATE GANGAIAH, AGED ABOUT 70 YEARS, ANNAYYANAPALYA, K.G.HALLI POST GOLURU HOBLI, TUMKURU TALUKA, TUMKURU DISTRICT - 572 104.
(BY SRI R G KOLLE, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA BENGALURU - 560 001.
2. THE SECRETARY TO GOVERNMENT DEPT OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU- 560 001.
... PETITIONER 3. THE DIRECTOR & COMMISSIONER DEPT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001.
4. THE DEPUTY DIRECTOR DEPT OF MINES & GEOLOGY GANDHI NAGAR, TUMKURU TUMKURU - 572 105.
5. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE DC OFFICE COMPOUND, TUMKURU TUMKURU - 572 105.
... 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 R-4 TO EXECUTE A QUARRYING LEASE TO EXTRACT ORDINARY BUILDING STONES, OVER AN AREA OF 02.20 ACRES IN GOVT. LAND BEARING SY.NO.68 OF HARALURU BYRASANDRA VILALGE, TUMKUR TALUK AND DISTRICT AS PER GRANT NOTIFICATION DATED 9.1.2009 AT ANNEX-A (FOR WHICH REVENUE NOC, FOREST NOC & TECHNICAL REPORT HAVE BEEN RECEIVED) , WITHOUT INSISTING FOR A STATUS REPORT FROM THE JURISDICTIONAL ASSISTANT COMMISSIONER AS PER DECISION TAKEN BY R-5 ILLEGALLY, IN THE MEETINGS OF DISTRICT TAST FORCE (MINES) COMMITTEE DATED 14.3.2017 & 23.3.2017.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Issue notice to the respondents.
2. Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice of the writ petition to the respondents is dispensed with.
3. After hearing Mr.R.G.Kolle, learned advocate in support of the writ petition, and Mr.V.G.Bhanuprakash, learned government advocate, we dispose of this writ petition by directing the authorities to execute the lease deed in favour of the petitioner within a period of four weeks from the date of communication of this order.
4. However, the petitioner shall not be entitled to commence quarrying operations, unless all the environmental clearances are obtained.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*