IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.33821 OF 2017 (GM-MM-S) BETWEEN M/S JYOTHI GRANITES NO.21, 1ST ‘G’ CROSS SUBBANNA GARDEN MAIN ROAD R P C LAYOUT, 2ND STAGE VIJAYANAGAR BANGALORE 560 040 REPRESENTED BY ITS PARTNER SRI G LOKESH BABU S/O R B GOVINDA REDDY AGED 33 YEARS (BY SRI SHIVA KUMAR K B., ADVOCATE) ... PETITIONER AND 1. THE STATE OF KARNATAKA THE SECRETARY DEPARTMENT OF INDUSTRIES & COMMERCE VIKASA SOUDHA BENGALURU – 560001 2. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560001 3. THE SENIOR GEOLOGIST (M) DEPARTMENT OF MINES & GEOLOGY ROOM NO.S.A-10, 2ND FLOOR ZILLADALITHA BHAVANA PATRENAHALLI CHIKKABALLAPURA – 562101 4. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA DISTRICT– 562105 5. THE DEPUTY CONSERVATOR OF FOREST CHIKKABALLAPURA RANGE CHIKKABALLAPURA DISTRICT – 562105 6. THE DISTRICT TASK FORCE (MINES) COMMITTEE OFFICE OF THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT – 562105 ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.3 TO GRANT THE QUARRYING LEASE SUBJECT TO SUCH OTHER CONDITIONS AS MAY BE SPECIFIED AS ENVISAGED UNDER SUB-RULE (7) OF RULE 8 OF THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016, WITH REFERENCE TO ANNEXURE-A DATED 18.12.2014 AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Issue notice to the respondents.
2. Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents.
3. The writ petitioner is aggrieved, as the application dated December 18, 2014, for grant of quarrying lease was not considered by the authorities, on the presumption that the revenue and the forest clearances were not given before the cut-off date mentioned in the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, and therefore, the petitioner was ineligible.
4. It is the responsibility of the authorities to forward the forest and the revenue clearances. The said clearances came late because of delay and laches on the part of the authorities. The writ petitioner cannot suffer for the delay on the part of the authorities.
5. Therefore, we direct the authorities to consider the application of the petitioner dated December 18, 2014, for grant of quarrying lease, considering the forest and the revenue clearances, already, received by them, within six weeks from the date of communication of this order.
6. The writ petition stands disposed of.
7. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv