IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE BUDIHAL R.B.
WRIT PETITION Nos.62087-62088 OF 2016 (GM-MM-S) Between:
Girish H.E.
Son of H.B.Erappa Aged about 39 years P/o M/s.Honnur Stone Crusher #2035/35, Sri Veerabhadreshar Nilaya Anjaneya Extension Davanagere – 577 005 Davanagere District ... Petitioner (By Sri.R.G.Kolle, Advocate) And:
1. State of Karnataka Rep. by its Chief Secretary Government of Karnataka Vidhana Soudha Bengaluru – 560 001 2. The Principal Secretary to Govt. Dept. of Commerce & Industries Vikasa Soudha, Bengaluru – 560 001 3. The Director Department of Mines & Geology Khanija Bhavan, Race Course Road Bengaluru – 560 001 4. The Senior Geologist (Mines) and Competent Authority Department of Mines & Geology #1948/1, Near Anjaneya Temple Vidyanagar, Davanagere – 577 005 5. The Deputy Commissioner And Chairman District Task Force (Mines) Committee Davanagere District Davanagere – 577 005 ... Respondents (By Sri.V.G.Bhanuprakash, Additional Government Advocate) ---
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct respondent Nos.3 and 4 to grant a quarrying lease to extract ordinary building stones for producing manufactured sand (M-sand) over an area of 4-00-00 and 10-00-00 (A-G-A) respectively in survey No.278/5P8 of Nicchavvanahalli Village, Harappanahalli taluk, as per QL applications dated 30.10.2015 filed by this petitioner vide Annexures-C and D and etc.
These petitions coming on for preliminary hearing this day, the Chief Justice made the following:
ORDER Mr.V.G.Bhanuprakash, learned additional government advocate, submits that the applications of the writ petitioner could not be considered, as there is some bar under the amended provisions to the Karnataka Minor Mineral Concession Rules, 1994.
2. Mr.R.G.Kolle, learned advocate appearing for the writ petitioner, is right that the applications were filed prior to the amendment of the said Rules.
3. We direct the authorities to reconsider the applications of the writ petitioner, accepting that the applications were filed in time and to pass appropriate orders within six weeks.
4. The writ petitions stand disposed of.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB