IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND 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.15413/2019 (GM-MM-S) BETWEEN GEETHA SRINIVASULU AGED ABOUT 67 YEARS R/AT HOME NIVAS M J NAGAR, 5TH CROSS HOSPET TALUK BELLARY DISTRICT-583201 ... PETITIONER (BY SRI DHYAN CHINNAPPA M, SENIOR ADVOCATE FOR SRI ADITYA VENUGOPALAN, ADVOCATE) AND 1.STATE OF KARNATAKA VIKASA SOUDHA 85A, DR. AMBEDKAR VEEDHI SAMPANGI RAMA NAGAR BANGALORE, KARNATAKA-560001 REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KARNATAKA (MSME & MINES) COMMERCE & INDUSTRIES 2.DIRECTOR, MINES & GEOLOGY STATE OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD BANGALORE-560001 3.MONITORING COMMITTEE APPOINTED BY THE HON’BLE SUPREME COURT OF INDIA DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAWAN, NO.48, 5TH FLOOR RACE COURSE ROAD BANGALORE-560001 REPRESENTED BY ITS CHAIRMAN ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA FOR R-1 & 2; SRI M KESHAVA REDDY, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RECOGNIZE THE PETITIONER AS THE LESSEE IN MINING LEASE NO.2604 VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Petitioner has filed this writ petition seeking a writ of mandamus to the respondents to recognize her as the lessee in respect of mining lease No.2604 issued in favour of her husband late S.V.Srinivasulu.
2. Shri M.Dhyan Chinnappa, learned Senior Advocate for the petitioner, adverting to the mining lease dated 27.08.2016, submits that Clause (1)-(1) clearly shows that the expression ‘lessee’ includes his heirs, executors, administrators, representative and permitted assigns. Accordingly, petitioner has submitted a representation dated 23.03.2019 to the Secretary to Government of Karnataka to recognize her as heir and legal representative of late S.V.Srinivasulu and another representation dated 25.03.2019 to the Chairman of Monitoring Committee to sell the iron ore extracted in the mines. It is submitted that the said representations have not been considered and hence this writ petition.
3. Shri V.G.Bhanuprakash, learned Additional Government Advocate appearing for respondents No.1 and 2 submits that recognition of legal representative was being considered as per Rule 25A of the Mineral Concession Rules, 1960. The said Rules having been repealed, there is no provision to consider petitioner’s case.
4. Shri M.Keshava Reddy, learned advocate appearing for respondent No.3 submits that Monitoring Committee shall take action to sell the extracted iron ore no sooner than the Mines and Geology Department recognizes petitioner as legal representative of late S.V.Srinivasulu.
5. We have carefully considered the rival contentions and perused the records.
6. In the mining lease executed in favour of late S.V.Srinivasulu, the term ‘lessee’ has been described to include his heirs, executors, administrators, representative and permitted assigns. Mining lease is a statutory contract between the State on one part and lessee on the other. Petitioner claims to be wife of deceased lessee. She has submitted a representation to recognize her as legal representative of deceased lessee. Even in the absence of any rule, a legal representative of a lessee is entitled to continue as lessee in view of the description given in the mining lease.
7. In the circumstances, we dispose of this writ petition with a direction to the respondents to consider petitioner’s representation dated 23.03.2019 and pass appropriate orders within four weeks from the date of receipt of a copy of this order.
8. The Monitoring Committee shall take action to sell the extracted iron ore within four weeks from the date of production of a copy of order passed by the State Government recognizing petitioner as legal representative.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE bkv