IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.44283/2017 (GM-MM-S) BETWEEN:
H.U.LOKESH S/O ULLEGOWDA AGED ABOUT 45 YEARS HUCHCHAMMANDODDI VILLAGE M.G.PALYA POST – 562 109 RAMANAGAR TALUKA & DISTRICT ...PETITIONER (BY SRI R.G.KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001 2. THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA BENGALURU – 560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001 4. THE DEPUTY DIRECTOR & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY, RAMANAGARA TALUKA RAMANAGARA DISTRICT – 562 109 5. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE RAMANAGARA DISTRICT RAMANAGARA – 562 109 …RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-5 TO COMMUNICATE TO R-4 TO GRANT CONDITIONAL QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONES IN GOVERNMENT LAND BEARING SURVEY NO.20 OF KEMPANAHALLI VILLAGE IN RAMANGARA TALUKA AND DISTRICT, OVER AN AREA OF 2.00 ACRES, FOR A PERIOD OF 20 YEARS, FOR DEEMING TO HAVE RECEIVED REVENUE, NOC AND TECHNICAL REPORT IN TERM OF NEWLY AMENDED RULE 8[6] EFFECTIVE FROM 12.08.2016 BY WAY OF QUASHING OR SETTING ASIDE AN ENDORSEMENT DATED 20.10.2016 ISSUED BY RESPONDENT NO.4 PRODUCED AT ANNEXURE-A PURSUANT TO QUARRY LEASE APPLICATION DATED 22.04.2015 FILED BY THIS PETITIONER PRODUCED AT ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. This writ petition is directed against an endorsement dated 20.10.2016 issued by respondent No.4 rejecting the petitioner’s application submitted on 22.04.2015 on the ground that it cannot be considered in view of Rule 8-B (1) of the Karnataka Minor Mineral Concession Rules, 1994 (‘the Rules’).
2. We have heard learned Counsel appearing for the parties and perused the record.
3. The application filed for grant of quarrying lease in respect of a minor mineral namely, ordinary building stones is rejected on the ground that it is barred under Rule 8-B (1) of the Rules.
4. Learned counsel appearing for the petitioner submits that the application of the petitioner is saved in view of the exception carved out under Rule 8-B(2) of the Rules.
5. In the light of the order passed today in a similar writ petition in WP.No.44260/2017, the impugned endorsement is liable to be set aside. Accordingly, we make the following order:
The impugned endorsement dated 20.10.2016 is set aside. The matter is remitted to respondent No.4 for reconsideration in accordance with law. The application shall be reconsidered within four months from the date of receipt of a copy of this order. The petitioner shall furnish a copy of this order to respondent No.4 to enable him to consider the matter within the time stipulated above.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB