IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 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.38403 OF 2018 (GM-MM-S) BETWEEN:
G. VENKATESH S/O (LATE) GURUMURTHY, AGED ABOUT 45 YEARS, R/O B. ACHHAMMANAHALLI, BOMMATHIMMANHALLI POST, PAVAGAD TALUKA-561 202 TUMKURU DISTRICT.
(BY SRI. R.G. KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU, BENGALURU-560 001.
... PETITIONER 2. THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENSWT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU, BENGALURU-560 001.
3. THE DIRECTOR & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, BADDIHALLI RING ROAD, TUMKURU-572 104.
5. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, TUMKURU-572 102.
6. THE DEPUTY CONSERVATOR OF FORESTS, TUMKURU DISTRICT, OFFICE OF DCF, TUMKURU-572 102.
... 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 3RD RESPONDENT DIRECTOR & COMPETENT AUTHORITY TO IMMEDIATELY GRANT & EXECUTE A CONDITIONAL QUARRY LEASE IN FORM-GL-C, TO EXTRACT RED GRANITE IN GOVT. LAND BEARING SY.NO.16 OF SUNNAVADI VILLAGE, MADHUGIRI TALUKA, TUMKURU DIST., OVER AN AREA OF 05.00 ACRES AS PER QL APPLICATION DATED 06.06.2014 PRODUCED AT ANNEXURE-B, VIDE NEWLY AMENDED RULE 8(6) & ITS PROVISO EFFECTIVE FROM 18.11.2017, PURSUANT TO AN ORDER DATED 11.04.2018 PASSED BY THIS HON’BLE COURT IN W.P NO.44879/2017 PRODUCED AT ANNEXURE-A FOR DEEMING TO RECEIVED REVENUE & FOREST NOC AS WELL AS RECEIPT OF TECHNICAL REPORT DATED 08.06.2018 PRODUCED AT ANNEXURE-C AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. Petitioner’s application for grant of quarrying lease having been declined by an endorsement dated 15.09.2017, he had approached this Court in W.P.No.44879/2017. By order dated 11.04.2018, the said endorsement has been quashed by directing the authorities concerned to send their views/opinions/reports to the authorities of Mines and Geology Department within a period of two weeks and to finally decide on the prayer of the writ petitioner for execution of the lease deed within a period of four weeks therefrom.
3. It is petitioner’s case, that despite said direction issued by this Court, the respondents have not considered his application. Hence, this writ petition.
4. Sri Vikram Huilgol, learned HCGP appearing for the State, fairly submits that the State undertakes to consider petitioner’s application and dispose of the same in accordance with law within an outer limit of eights weeks from today. His submission is placed on record.
5. In the circumstances, this petition is disposed of with a direction to the State Government to strictly comply with order dated 11.04.2018 passed in W.P.No.44879/2017 and to consider petitioner’s application in accordance with law, within eights weeks from today.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca