IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD 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 NOS.21040-21041 OF 2017 (GM-MMS) BETWEEN:
SMT. G.S.CHITRA NAGARAJ WIDOW OF (LATE) A.N.NAGARAJ AGED ABOUT 50 YEARS RESIDING AT BETTAMAKKI BHOOTARAYANKATEE SIRAVINKERE THIRTHAHALLI POST – 577 432 SHIMOGA DISTRICT (BY SRI R.G.KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU BENGALURU – 560 001 2. THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU BENGALURU – 560 001 3. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001 ... PETITIONER 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY SHIVAMOGGA – 577 201 5. THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE DC OFFICE COMPOUND SHIVAMOGGA – 577 201 ... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.4 TO RENEW BOTH QUARRYING LEASES AT QL. NO.739 AND 741 TO EXTRACT ORDINARY BUILDING STONES, OVER AN AREA OF 04.00 ACRES & 06.20 ACRES IN GOVT. LAND BEARING SY.NO.16 OF SURALIBALE BAILU VILLAGE IN THIRTHAHALLI TQ., SHIVAMOGA DISTRICT VALID FOR A PERIOD TILL 21.3.2026 AND 29.4.2026 IN TERMS OF ERSTWHILE RULE 26, VIDE RENEWAL APPLICATION DATED 05.12.2015 AT ANNEXURES-C AND 3 RESPECTIVELY AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The petitioner holds quarry leases bearing Q.L.Nos.739 and 741 to extract ordinary building stone over an area of 4 acres and 6.20 acres respectively in land bearing survey No.16, Surelibale Bailu village, Shivamogga District. The petitioner made applications for renewal of quarry leases on 05.12.2015. The respondents have not considered his applications till now. Hence, the petitioner has filed these petitions seeking a direction to respondent No.4 to consider her applications for renewal of quarry leases.
2. Shri Vikram Huilgol, learned HCGP appearing for the respondents submits that the applications made by the petitioner for renewal of quarry leases shall be considered and appropriate orders shall be passed in accordance with law.
3. His submission is placed on record and these writ petitions stand disposed of with a direction to the respondent No.4 to consider the applications for renewal of quarry leases made by the petitioner and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB