IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST 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.35418 OF 2018 (GM-MM-S) BETWEEN:
M/S. MAHENDRA RESOURCES PVT. LTD. NO.13, 60 FEET ROAD, AMARJYOTHI NAGAR, BENGALURU-560 040.
REPRESENTED BY ITS DIRECTOR SRI. B.S. PUTTARAJU S/O SRI. B.C. SHIVANNA, AGED ABOUT 51 YEARS.
... PETITIONER (BY SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VIDHI, BENGALURU-560 001.
2. THE SECRETARY COMMERCE AND INDUSTRIES, DEPARTMENT OF COMMERCE, VIKASA SOUDHA, BENGALURU-560 001.
3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVAN, BENGALURU-560 001.
4. THE SENIOR GEOLOGIST (MINERAL) DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPUR-562 101.
... RESPONDENTS (BY SRI. V.G. BHANU PRAKASH, AGA) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 4TH RESPONDENT TO CONSIDER THE PETITIONER APPLICATION DATED 27.01.2015, AS PER ANNEXURE-A, AFRESH AND DISPOSE OFF THE APPLICATION BY GRANTING LEASE IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY WITHIN A TIME FRAME PERIOD AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER Petitioner had approached this Court in W.P.No.29435/2017 seeking to quash endorsement dated 27.05.2017 issued by the Senior Geologist, Mines and Geology Department, Chikkaballapura District. By order dated 04.07.2017, the said writ petition was disposed of setting aside the endorsement dated 27.05.2017 and directing the authorities to consider petitioner’s prayer for execution of the lease within a period of four weeks. Since the said direction has not been complied, petitioner has filed this Writ Petition with similar prayer.
2. Learned counsel for the petitioner submits that despite direction issued by the Court earlier, the respondents have not complied with the said directions.
3. Sri V.G. Bhanuprakash, learned AGA for the respondents submits that prayer sought in the present writ petition shall be considered within a period of eight weeks and appropriate orders would be passed. His submission is placed on record.
4. Resultantly, this petition is disposed of directing the respondents to consider and pass appropriate orders with regard to execution of lease deed within a period of eights weeks from today.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca