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.47678 OF 2018 (GM – MM-S) BETWEEN:
L.S.YOGESH, SON D.N.LAKSHMIPATHAIAH, AGED ABOUT 45 YEARS, R/AT NO.131, 4TH CROSS, 9TH MAIN, 1ST STAGE, II STAGE, GOKUL EXTENSION, MATTIKERE, BENGALURU – 560 054.
AND:
(BY SRI. RAJESH G BHAT FOR SRI. R.G.KOLLE, ADVOCATES) ... PETITIONER 1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU BENGALURU – 560 001.
2. THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU, BENGALURU – 560 001.
3. THE DIRECTOR & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001.
4. ADDITIONAL CHIEF SECRETARY & CHAIRMAN, RULE 11 COMMITTEE, CONSTITUTED UNDER KMMC RULES, 1994, VIDHANA SOUDHA, BENGALURU – 560 001.
5. THE CHAIRMAN & DEPUTY COMMISSIONER, DISTRICT TASK FORCE (MINES) COMMITTEE, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA – 562 101.
(BY SRI. VIKRAM HUILGOL, HCGP) *** ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 DIRECTOR & COMPETENT AUTHORITY, TO GRANT & EXECUTE A QUARRY LEASE TO EXTRACT BLACK GRANITE IN GOVERNMENT LAND BEARING SY.NO.42 OF MANIKALLU VILLAGE, CHIKKABALLAPURA TALUKA, CHIKKABALLAPURA DISTRICT, OVER AN AREA OF 01.20 ACRES, PURSUANT TO AN ACKNOWLEDGMENT DATED 04.01.2012 PRODUCED AT ANNEXURE – B, ISSUED BY R-3 QUASHING OR SETTING ASIDE THE ENDORSEMENT DATED 13.07.2017 PRODUCED AT ANNEXURE – A ISSUED BY R- 3 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 quarry lease of Granite on 31.12.2011. His application was not considered.
2. The learned Advocate for petitioner Mr. R.G.Kolle and learned Addl. Government Advocate for respondents jointly submitted that this matter is covered by the decision of this Court in W.P.No.49253/2017.
3. Their submission is placed on record.
4. This petition is disposed of with a direction to the authorities to consider petitioner’s prayer for execution of lease deed in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK