IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 37608 OF 2017 (GM-MM-S) BETWEEN K.LOKAPPA S/o KADAPPA, AGED 46 YEARS R/a KOLALU POST TALYA HOBLI, HOLALKERE TALUK CHITRADURGA DISTRICT-577501.
(BY SRI T SESHAGIRI RAO, ADVOCATE) ... PETITIONER AND 1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, REP. BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560001.
2. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, NEAR BASAPPA HOSPITAL, B.L.GOWDA LAYOUT, CHITRADURGA-577501.
3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001.
4. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577501.
5. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, CHITRADURGA-577501.
... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, ADDL.GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD:30.3.2017 ISSUED BY THE R-2 AT ANNEXURE-D TO THE WRIT PETITION, TO ISSUE FURTHER DIRECTION TO THE RESPONDENT AUTHORITIES TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 10.8.2015 WHICH IS FOUND AT ANNEXURE-A FOR GRANT OF QUARRY LEASE, AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE 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. Therefore, formal service of notice of the writ petition to them is dispensed with.
3. The application of the writ petitioner was rejected by an endorsement dated March 30, 2017, on the ground that the application was barred under the provisions of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.
4. As the application for quarrying lease was submitted on August 10, 2015, that is, prior to the coming into operation of the amended provisions of law, we are of the opinion that the endorsement dated March 30, 2017, cannot sustain.
5. The endorsement, being Annexure-D, dated March 30, 2017, is set aside and the authorities are directed to reconsider the application of the writ petitioner for grant of quarrying lease in the background of amended Rule 8(6) of the Karnataka Minor Mineral Concession Rules, 1994, within a period of six weeks from the date of communication of this order.
6. The writ petition stands disposed of.
7. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*