IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.2074 OF 2019 (GM-MM-S) BETWEEN:
KARIAPPA.P.S (EX-ARMY MAN), S/O. LATE SUBBAIAH.P.K, AGED 66 YEARS, R/O NO.202, AIYAPPASWAMY KRUPA, 14TH ‘A’ MAIN, 8TH ‘A’ CROSS, PRC LAYOUT, ATHIGUPPE, BENGALURU-560 040.
... PETITIONER (BY SRI.SHIVAKUMAR.K.B, ADVOCATE) AND:
1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE SECRETARY, COMMERCE & INDUSTRIES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
3. THE DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. THE DEPUTY DIRECTOR (M.A.), DEPARTMENT OF MINES & GEOLOGY, NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
5. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, RAMANAGARA DISTRICT.
6. THE DEPUTY COMMISSIONER, RAMANAGARA DISTRICT, RAMANAGARA-571 511.
7 THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA-571 511.
8. THE DEPUTY CONSERVATOR OF FOREST, RAMANAGARA REGIONAL OFFICE, RAMANAGARA-571 511.
... RESPONDENTS (BY SRI.V.G.BHANUPRAKASH, AGA) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT ISSUED BY THE R-4 DATED 20.09.2017 PRODUCED AT ANNEXURE-A AND DIRECT THE R-3 TOP 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 RULES (AMENDMENT) RULES 2016, WITH REFERENCE TO ANNEXURE-B DATED 01.03.2010 AND DECLARE THAT THE NO OBJECTION CERTIFICATES ARE DEEMED TO HAVE BEEN RECEIVED UNDER RULE 8(6) OF KMMCR 1994 AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER Petitioner had filed an application for grant of quarrying lease of building stone on 01.03.2010. His application was considered and rejected on 20.09.2017 by respondent No.4.
2. Mr.Shivakumar.K.B., learned Advocate for petitioner and Mr. V.G.Bhanuprakash, learned AGA for respondents jointly submitted that this matter is covered by decision of this Court in W.P.No.49253/2017 decided on 13.04.2018 and this petition may be disposed of on similar terms.
3. Their submission is placed on record.
4. Accordingly, this petition is disposed of with a direction to the authorities concerned to consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of receipt of a copy of this order.
No costs.
Sd/-
ACTING CHIEF JUSTICE VK/-
Sd/- JUDGE