IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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 NO.8625 OF 2017(GM-MM-S) BETWEEN Jagadeesha S S/o Siddaraju Aged about 31 years No.27, Seebakatte M.G. Palya Post Ramanagar Taluk Ramanagar District-562 109. .. PETITIONER (By Sri M Keshava Reddy, Adv.) AND 1. Government of Karnataka Represented by Principal Secretary Department of Commerce and Industries Vikasa Soudha Bengaluru-560 001.
2. The Director of Mines and Geology Government of Karnataka Khanija Bhavan Race Course Road Bengaluru-560 001.
3. The Competent Authority And Deputy Director Department of Mines and Geology Ramanagara-562 109. .. RESPONDENTS (By Sri V G Bhanuprakash, AGA ) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to set aside the endorsement issued by the competent authority vide his letter dated 06.02.2017 which is produced as Annex-G and etc.
This Writ Petition coming on for Preliminary Hearing this day, THE CHIEF JUSTICE made the following:
ORDER This is a writ petition, in substance, seeking a direction on the authorities to execute the lease.
2. The application for grant of lease was made prior to the amendment of the provisions of the Karnataka Minor Mineral Concession Rules, 1994. Therefore, the endorsement challenged in this writ petition dated February 6, 2017 is erroneous, as the authorities proceeded on the basis that the application was not saved.
3. The endorsement dated February 6, 2017 is set aside and we direct the authorities to execute the lease, within four weeks from the date of communication of this order.
4. Writ petition stands disposed of.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkp