IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 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.31453/2017 (GM-MM-S) BETWEEN:
M/S JAYALAKSHMI MINERALS HAVING OFFICE AT 759, BAJAJ CAPITAL, NEAR SONY SERVICE CENTRE 100 FEET ROAD, INDIRANAGAR BANGALORE – 560 038 REPRESENTED BY ITS POWER OF ATTORNEY PRASAD ATHANI S/O VEERANNA ATHANI AGED ABOUT 32 YEARS ...PETITIONER (BY SRI K.SHASHI KIRAN SHETTY, SR. ADVOCATE FOR MS. ANUPARNA BORDOLOI, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MINES, SSI, TEXTILES) 1ST FLOOR, VIKASA SOUDHA BANGALORE – 560 001 2. DIRECTOR DEPARTMENT OF MINES AND GEOLOGY GOVERNMENT OF KARNATAKA NO.49, KHANIJA BHAVAN DEVARAJ URS ROAD BANGALORE – 560 001 3. DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHITRADURGA – 577 501 …RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.2 & 3 TO ISSUE PERMISSION TO THE PETITIONER TO COMMENCE MINING OPERATION IN TERMS OF THE MINING LEASE NO.2659 DATED 26.04.2011 IN THE APPLIED AREA (ANNEXURE-A) ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Sri V.G.Bhanuprakash, learned Additional Government Advocate appearing for the respondents, on instructions, submits that as on today, no order has been passed prohibiting the petitioner from carrying on the mining operation in terms of mining lease No.2659 dated 26.04.2011 (Annexure-A). His submission is placed on record. However, he further submits that respondent no.2 has written a letter dated 28.07.2017 to respondent no.1 to cancel the aforesaid mining lease and the matter is under process.
2. In view of the aforesaid submission of the learned Additional Government Advocate that no order has been passed prohibiting the petitioner from carrying on the mining operation in the leased area, Sri K.Shashi Kiran Shetty, learned Senior Counsel appearing for the petitioner submits that no further order is necessary in this writ petition. The writ petition is accordingly disposed of. In view of disposal of the writ petition, I.A.No.1/2017 does not survive for consideration; it stands disposed of accordingly.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE hkh