IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NOS.56929/2018, 52970/2018, 54574/2018 AND 56245/2018 (GM-MM-S) IN W.P.NO.56929/2018 BETWEEN:
KUMAR GOWDA G S/O GANGADHAR J AGED 33 YEARS R/O NO.42, 2ND MAIN, 8TH CROSS GOVERNMENT HOSPITAL ROAD MUNESHWARA EXTENSION, LAGGERE BENGALURU – 560 058 (BY SHRI SHIVAKUMAR K.B., ADVOCATE) AND:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 2. THE PRINCIPAL SECRETARY COMMERCE & INDUSTRIES DEPARTMENT VIKASA SOUDHA BENGALURU – 560 001 ... PETITIONER 3. THE SECRETARY DEPARTMENT OF INDUSTRIES & COMMERCE VIKASA SOUDHA BENGALURU – 560 001 4. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 5. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY GANDHINAGARA TUMKURU – 572 102 6. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR – 572 101 7. THE ASSISTANT COMMISSIONER TUMKUR DISTRICT TUMKUR – 572 101 8. THE DEPUTY CONSERVATOR OF FORESTS TUMKUR DISTRICT TUMKUR – 572 101 ... RESPONDENTS (BY SHRI V.G.BHANUPRAKASH, AGA) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 29.11.2016/12.12.2016 PRODUCED AT ANNEXURE-A ISSUED BY 5TH RESPONDENT AND ETC.
IN W.P.NO.52970/2018 BETWEEN:
SRI. M SUNIL AGED ABOUT 25 YEARS SON OF MAARA BHOVI RESIDING AT BHOVI COLONY 2ND TURN, LEFT SIDE BHADRAVATHI SHIVAMOGGA DISTRICT – 577 301 (BY SHRI PRAKASH B.S, ADVOCATE) ... PETITIONER AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE & INDUSTRIES DEPARTMENT (MSME & MINES), VIKASA SOUDHA BANGALORE – 560 001 2. THE DIRECTOR / COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA, R.C.ROAD BANGALORE – 560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY CHIKKAMAGALUR – 577 101 (BY SHRI VIKRAM HUILGOL, HCGP) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 22.10.2016 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, CHICKAMAGALUR REJECTING THE APPLICATION OF THE PETITIONER FOR GRANT OF QUARRY LEASE FOR QUARRYING BUILDING STONE OVER AN EXTENT OF 1.00 ACRE IN SY.NO.22 OF PIRUMENAHALLI VILLAGE, THARIKERE TALUK, CHICKMAGALUR DISTRICT AND THE ORDER DATED 9TH NOV 2018 PASSED BY THE JOINT DIRECTOR & REVISION AUTHORITY, DEPARTMENT OF MINES AND GEOLOGY, SOUTH ZONE, MYSORE CONFIRMING THE ENDORSEMENT ISSUED BY THE THIRD RESPONDENT. COPY OF THE ENDORSEMENT DATED 22.10.2016 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES & GEOLOGY, CHICKAMAGALUR AND THE ORDER DATED 9TH NOV 2018 PASSED BY THE JOINT DIRECTOR & REVISION AUTHORITY HAS BEEN PRODUCED AT ANNEXURE- A AND ANNEXURE-B RESPECTIVELY AND ETC.
IN W.P.NO.54574/2018 BETWEEN:
SMT. N.T.SUDHA W/O RAMAREDDY AGED ABOUT 46 YEARS 22ND WARD, MAHALAKSHMI NILAYA J.P.NAGAR, OPP. TO BALAVANA PARK HOSAPETE – 583 201 (BY SHRI KESHAVA REDDY M., ADVOCATE) AND:
1. THE GOVT. OF KARNATAKA REP. BY PRINCIPAL SECRETARY DEPT. OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU – 560 001 2. THE DIRECTOR OF MINES & GEOLOGY GOVT. OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 3. THE DEPUTY DIRECTOR OF MINES & GEOLOGY HOSAPETE – 583 201 4. THE DEPUTY COMMISSIONER BALLARI DISTRICT BALLARI – 583 101 5. THE DEPUTY CONSERVATOR OF FORESTS BALLARI SUB-DIVISION BALLARI – 583 101 ... PETITIONER (BY SHRI VIKRAM HUILGOL, HCGP) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO HOLD THAT THE APPLICATION OF THE PETITIONER SEEKING QUARRY LEASE VIDE ANNEXURE-A IS SAVED UNDER THE AMENDED RULE 8-B OF THE RULES AND HAS TO BE PROCESSED UNDER THE UN-AMENDED PROVISIONS OF THE RULES WHICH EXISTED BEFORE COMING INTO FORCE OF THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016 AND ETC.
IN W.P.NO.56245/2018 BETWEEN:
J.K.SAGAR @ MANJU AGED ABOUT 27 YEARS S/O J.M.KRISHNEGOWDA GOLLARAHALLI GRAMA KANTHAPURA POST NAGAMANGALA TALUK MANDYA – 571 432 (BY SHRI PRAKASH B.S., ADVOCATE FOR SRI.JAYANTH V., ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES) VIKASA SOUDHA, BANGALORE – 560 001 2. DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, R.C. ROAD BANGALOR E- 560 001 3. SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY OFFICE OF THE SENIOR GEOLOGIST VIDYANAGAR 1ST CROSS MANDYA – 571 401 (BY SHRI VIKRAM HUILGOL, HCGP) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 3 JULY 2017 ISSUED BY RESPONDENT NO.3 (I.E. ANNEXURE-A) AS BEING VIOLATIVE OF ARTICLE 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA AND ETC.
THESE PETITIONS COMING ON FOR ORDERS AND PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER In view of the submissions made, office objections in W.P.No.56929/2018 are waived.
These petitions involving similar and akin issues have been considered together and are taken up for final disposal at this stage itself by way of this common order.
Though it is pointed out that in W.P.No.52970/2018 the petitioner has chosen to prefer a revision petition challenging the impugned endorsement dated 22.10.2016, the same was dismissed as being barred by time. Be that as it may, having regard to the circumstances of the case and the orders passed in similar nature petitions, we are clearly of the view that the petitioner is entitled to the same relief as allowed in the other similarly circumstanced cases.
It is not in dispute that several similar nature writ petitions have been considered and allowed by this Court, either while disapproving the similar endorsements/orders and restoring the applications for reconsideration or while requiring the pending applications to be considered in accordance with law, including a batch of writ petitions led by W.P.No.43235/2017, decided on 11.04.2018, wherein this Court has, inter alia, observed as under:
“In the order dated 24.10.2017 in W.P.No.44260/2017, this Court has taken note of the provisions contained in the amended Rule 8-B of the Rules and has also taken note of the candid submissions of the learned Additional Government Advocate as under:-
“5. Learned Additional Government Advocate submits that this Court in Writ Petition No.25421/2017 (DD 04.07.2017) and in several other matters has held that applications as that of the petitioner do not become ineligible if the application was received by the Competent Authority before 16.06.2015 and further, it is held that it is the responsibility of the Competent Authority to consult the authorities referred to in Rule 8(5) of the Rules and to obtain the certificates and reports referred to therein. He further submits that the application of the petitioner was received by the Competent Authority before 16.06.2015.”
This Court has also considered the earlier orders passed in the matters and has allowed W.P.No.60155/2016 by the order dated 22.03.2018, while observing as under:
“Having regard to the submissions made, this petition stands disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions to the authorities of the Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs.”
The proposition aforesaid, for all practical purposes, apply to these cases too. This Court has repeatedly observed that it was the responsibility of the concerned authority/authorities to obtain the clearances and technical reports; and for their omissions, the applications could not have been rejected. We find no reason to take any different view of the matter.
Accordingly, all these petitions stand disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deeds within four weeks from the date of production of the certified copy of this order.
No costs.”
The position aforesaid applies to the present cases too.
Accordingly, these writ petitions are also disposed of at this stage itself while disapproving the impugned endorsements/orders, if made in rejection of the application of the writ petitioners and with the requirement that the authorities concerned shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB