IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 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.47090/2018 (GM-MM-S) BETWEEN:
SMT.L K KAMALAJAMMANI AGED 76 YEARS WIFE OF SRI.C.K.RAMAPRASAD RESIDING AT NO.2002 19TH CROSS, (KR ROAD) BSK II STAGE BENGALURU - 560 070 ... PETITIONER (BY SRI.S.V.BHAT, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY MULTI STORIED BUILDING DR AMBEDKAR BEEDHI BENGALURU - 560 001 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 3. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY NO.04, GANGANACHUMBI DOUBLE ROAD KUVEMPUNAGAR MYSORE - 570 023 4. THE SUB REGISTRAR PERIYAPATNA - 571 107 MYSORE DISTRICT ... RESPONDENTS (BY SRI.BHANUPRAKASH, V.G., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO MAKE SUCH CORRECTION TO THE RENEWAL QUARRYING LEASE/LICENSE DEED FROM 23.10.2012 TO 22.10.2022 IN RESPECT OF THE SCHEDULE PROPERTY AS DEMANDED BY THE R-4 IN ANNX- M I.E., BY PUTTING THE CURRENT DATE AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
O R D E R The petitioner was granted quarrying lease on 23.10.2002 to extract Black Granite in patta land bearing Sy.No.248 of Doddabellalu Village, Periyapatna Taluk, Mysore District. She applied for renewal of lease after expiry of original lease dated 23.10.2002. The renewal of lease was granted. However, petitioner could not get the same registered in accordance with law within 90 days. Thereafter, she submitted a request to amend the date of execution. The said request has not been considered. Hence she has filed this writ petition seeking direction to the respondents to amend the date of execution of lease deed.
2. Sri Bhanuprakash, learned AGA submits that as per proviso to amended Rule 18 with effect from 18.11.2017, it is open for the petitioner to make a request seeking condonation of delay for not getting the lease deed registered in time before the appropriate authority.
3. In our opinion, ends of justice would be met, if the petitioner is permitted to submit a representation as per Rule 18 of the amended Rules with a prayer to condone the delay and seek amendment of date of execution. If such representation is submitted within two weeks, the respondents are directed to consider the same within four weeks from the date of receipt of petitioner’s representation.
The petition is accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE NM