IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 24290/2019 (GM-MM-S) BETWEEN:
SMT. JAYAMMA W/O LATE THIMMAIAH AGED ABOUT 69 YEARS KODIDODDI VILLAGE KOPPA HOBLI MADDUR TALUK MANDYA DISTRICT ... PETITIONER (BY SRI VENKATACHALAPATHI S K, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. THE COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVANA, RACE COURSE ROAD BENGALURU-560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION, 1ST CROSS VIDYANAGARA, MANDYA DISTRICT MANDYA – 571 401 ... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 02.01.2019 PASSED BY RESPONDENT NO.3 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner.
2. There are two quarrying leases granted to the deceased husband of the petitioner. The first one was on 29th February 1992 and the second one was on 15th February 1993. The term of the quarrying lease was 5 years each. Thus, the first quarrying lease expired on 28th February 1997 and the second one expired on 14th February 1998. Till 20th August 2016, the petitioner’s husband was alive. He did not make any application for renewal of the leases till the date of his death that is, 20th August 2016. Two years thereafter, on 27th December 2018, the petitioner, for the first time, applied for renewal of the leases which expired in the years 1997 and 1998. By the impugned order, the said application has been rejected by the Senior Geologist.
3. The contention of the learned counsel appearing for the petitioner is that the petitioner belongs to the downtrodden class of people in the society and therefore, a different yardstick should be applied.
4. We have carefully considered the submissions. The husband of the petitioner who was holding the quarrying leases was alive for 17 to 18 years after the expiry of the quarrying leases. More than two years after his demise that the petitioner made a representation for renewal of the quarrying leases which had expired long back in the years 1997 and 1998. Apart from the fact that the representation was made by the petitioner long after the period provided in the Rules, there is absolutely no explanation for not seeking renewal of the leases by the husband of the petitioner during the long period of 17 to 18 years from the date of expiry of the leases. Hence, we find no error in the view taken by the third respondent when he rejected the application made by the petitioner for renewal of the quarrying leases. Hence, the petition is rejected.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv