IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 26th 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.17638 OF 2017 (GM-MM-S) BETWEEN:
M/s.GOUTHAM STONE CRUSHERS A PROPRIETARY CONCERN, OWNED BY B.NARASIMHA MURTHY S/O LATE P BASAPPA AGED ABOUT 57 YEARS No.70, A.E.C.S. LAYOUT 60 FEET ROAD, ISRO COMPOUND BANGALORE-560 094 ...PETITIONER (BY SHRI.J.PRASHANTH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE & INDUSTRIES GOVT. OF KARNATAKA, VIKAS SOUDHA BENGALURU-560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY OFFICE OF THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY CHIKKABALLAPUR-562 101 5. THE DEPUTY COMMISSIONER & CHAIRMAN, DISTRICT LEVEL ENVIRONMENTAL IMPACT ASSESSMENT AUTHORITY CHIKKABALLAPUR-562 101 …RESPONDENTS (BY SHRI.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THIS PETITIONER IS ENTITLED TO GET FOUR TIMES RENEWAL OF FIVE YEARS PERIOD EACH, TOTALLY TWENTY YEARS IN ALL, IN RESPECT OF QUARRYING LEASE AT QL NO.744 TO EXTRACT ORDINARY BUILDING STONES IN GOVT., LAND BEARING SY.NO.39 IN KANIVENARAYANAPURA VILLAGE CHIKABALLAPURA TALUK, OVER AN AREA OF 02.00 ACRES AS PER RENEWAL APPLICATION DATED 14.01.2011 VIDE ANNEXURE-B FILED BY THIS PETITIONER, IN TERMS OF UN-AMENDED RULE 26, DESPITE AMENDMENTS CARRIED TO RULE 8-A OF KMMC RULES 1994 EFFECTIVE FROM 12.08.2016 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R Issue notice.
Mr.V.Sreenidhi, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice to the respondents is dispensed with.
2. The writ petitioner is aggrieved as his application dated January 14, 2011 for renewal of quarrying lease for extracting ordinary building stone has not, yet, been considered.
3. We direct the Senior Geologist and Competent Authority, Department of Mines and Geology, Chikkaballapur, to consider and dispose of the application of the writ petitioner, in accordance with law, within six weeks from the date of communication of this order, by passing a reasoned and speaking order.
4. The writ petition stands disposed of.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.