IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NO.16983 OF 2017(GM-MM-S)PIL BETWEEN:
1. KAUDUR SRI. KALABAIRAWESHWARA KALLINA KORE VIRODHI HITHARAKSHANA SAMATHI KOLAMBE VILLAGE MANGALORE TALUK, DK. REPRESENTED BY ITS PRESIDENT/2ND PETITIONER 2. SRI. DINAKARA RAI S/O SRI. SHEENAPPA RAI AGED ABOUT 55 YEARS ADVOCATE, "KAUDUR HOUSE" KOLAMBE VILLAGE MANGALORE 574 151.
3. SMT. SANKAMMA W/O SRI GANGAYYA POOJARY AGED ABOUT 80 YEARS "AYERABETTU HOUSE"
"POST" KINNIKAMBLA KOLAMBE VILLAGE MANGALORE 574 151.
4. SRI.SRI. GOPALA POOJARI S/O SRI. MUNDAPPA AGED ABOUT 45 YEARS KAUDUR KORIPADPU KINNIKAMBLA POST MANGALORE TALUK, DK 574 151.
5. SRI. BOJA POOJARY AGE MAJOR S/O SRI. HONNAYYA POOJARY "BEDARABALLE HOUSE" KINNIKABLA POST MANGALORE TALUK, D.K 574 151.
6. SRI. YASHAVANTH POOJARY S/O CHINMAYYA POOJARY AGED ABOUT 30 YEARS KAUDUR "BEDARABALLE HOUSE" KINNIKAMBLA POST, MANGALORE DK-574 151.
7. SRI. JAYANTH KULAL S/O PARAMESHWARA KULAL, AGED ABOUT 30 YEARS KUNDAVARA POST MANGALORE TALUK 574 151.
8. SRI. PRASHANTH SHETTY S/O SRI. PADMANABHA SHETTY AGED ABOUT 28 YEARS KANDAVARA VILLAGE MANGALORE TALUK-574 151 D.K 9. SMT. PUSHPA W/O SRI. AITHAPPA POOJARY AGED ABOUT 40 YEARS PADE MANE, KOLAMBE VILLAGE KINNIKAMBLA POST MANGALORE 574 151.
10. SRI. NAGARAJA SHETTY S/O SANJEEVA SHETTY AGED ABOUT 59 YEARS FORMER MINISTER OF GOVERNMENT KARNATAKA "BAILU MEGINAMANE" KAUDOOR KOLAMBE VILLAGE MANGALORE 574 151.
(BY SHRI. A. KESHAVA BHAT, ADV. ) AND ... PETITIONERS 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA, BANGALORE 560 001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT INDUSTRIES AND COMMERCE DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE 560 001.
3. THE DIRECTOR OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE 560 001.
4. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALORE, DK-574001.
5. THE ASSISTANT COMMISSIONER MANGALORE SUB-DIVISION, MANGALORE 575 001.
6. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DAKSHINA KANNADA DISTRICT, 4TH FLOOR, MINERAL HOUSE, HAMPANAKATTA, MANGALORE 575001.
7. KARNATAKA STATE POLLUTION CONTROL BOARD "PARISARA BHAVAN, CHURCH STREET BANGALORE 560 001.
REPRESENTED BY ITS MEMBER SECRETARY 8. THE DISTRICT STONE CRUSHERS LICENSING AUTHORITY, DAKSHINA KANNADA DISTRICT MANGALORE, REPRESENTED BY ITS CHAIRMAN DY. COMMISSIONER OF DAKSHINA KANNADA MANGALORE 575 001.
9. SRI. CHANDRAHAS T AMIN S/O SRI. THIMMAPPA AMIN AGE: MAJOR "PITHRU CHAYA", AMEEN COMPOUND, GANDHINAGAR, KAVOOR, MANGALORE 575 015.
... RESPONDENTS (BY SHRI. D.NAGARAJ, AGA.FOR R1-R6 & R8, SHRI.A.MAHESH CHOUDARY, ADV. FOR R7, SHRI.K.N.PHANINDRA, SENIOR COUNSEL ALONG WITH SHRI.S.RAJASHEKAR, ADV. FOR R9) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR ENTIRE RECORDS PERTAINING TO GRANT OF QUARRYING LEASE/LICENCE TO THE R-9 BOTH DTD:16.9.2015 FROM THE FILE OF THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, MANGALORE TALUK, D.K DISTRICT AND ON PERUSAL OF THE SAME AND SET ASIDE THE LEASE/LICENCE DATED 16.9.2015 VIDE ANNEXURE-A & B ALSO THE CRUSING LICENCE GRANTED TO THE R-9 TO INSTALL CRUSHING MACHINES IN SURVEY NO.1/1A1 OF KANDAVAR VILLAGE, MANGALORE TALUK, D.K.DISTRICT DATED 14.1.2015 (ANNEXURE-C) AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The substantive challenge in this writ petition is to grant of mining leases vide Annexures-A and B and licence to install crushing machine vide Annexure-C.
2. As far as mining leases are concerned along with a memo of today’s date, the learned Additional Government Advocate has tendered copies of the order dated 11th June 2019 whereby the mining leases have been cancelled. As far as Annexure-C is concerned, the licence has come to an end on 31st March 2019.
3. The learned senior counsel appearing for the ninth respondent states that the application for renewal of licence is pending. He also states that the said respondent will file appropriate proceedings for challenging the order dated 11th June 2019.
4. The learned counsel appearing for the petitioners invited our attention to the reply statement filed by the petitioner and in particular, what is prayed for in paragraph-15 thereof.
5. Firstly, there are no such prayers made in the writ petition. Secondly, the directions as prayed for could not be issued as of today in as much as a reasonable time will have to be allowed to the ninth respondent to challenge the order dated 11th June 2019.
6. If ultimately, the order dated 11th June 2019 is upheld in the proceedings which may be filed by the ninth respondent, the State Government will have to consider what is prayed for in the reply statement.
7. Therefore, as of today, no prayers made in this writ petition can be granted.
8. Subject to what is observed above, the petition is disposed of.
9. We, however, make it clear that there is no adjudication made on the objection raised regarding locus of the petitioner and the same is kept open.
10. This order will not prevent the ninth respondent from challenging the order dated 11th June 2019 in accordance with law.
Sd/- CHIEF JUSTICE Sd/- JUDGE DM