IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 36351 OF 2017 (GM-MM-S) BETWEEN N NAGESH S/O LATE NARAYANAPPA, R/O SEEKAYANHALLI AT POST:VISHWANATHPURA, DEVANAHALLI TALUKA-562 110 BENGALURU RURAL DISTRICT.
(BY SRI R G KOLLE, ADVOCATE) AND 1. STATE OF KARNATAKA REP.BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVT., DEPT.OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001 ... PETITIONER 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN,RACE COURSE ROAD, BENGALURU-560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY R.NO.S.A.10, PATTRENAHALLI CHIKKABALLAPURA-582101 5. THE DEPUTY COMMISSIONER & CHAIRMAN,DISTRICT TASK FORCE (MINES) COMMITTEE, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPUR-582101.
... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 TO COMMUNICATE TO R-4 TO GRANT AND EXECUTE A QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONES IN GOVT., LAND BEARING SY.NO. 112 OF NALLAPPANAHALLI VILLAGE, CHIKKABALLAPUR TALUKA AND DISTRICT, OVER AN AREA OF 6.00 ACRE FOR A PERIOD OF 30 YEARS, AS PER QL APPLICATION DATED 14.6.2016 FILED BY THIS PETITIONER AT ANNEX-A, FOR DEEMING TO HAVE RECEIVED REVENUE NOC, FOREST NOC AND TECHNICAL REPORT, THEREBY GRANT AND EXECUTE A CONDITIONAL QUARRY LEASE IMMEDIATELY IN TERMS OF NEWLY AMENDED RULE 8(6) OF KMMC RULES EFFECTIVE FROM 12.8.2016.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Issue notice to the respondents.
2. Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice of the writ petition to them is dispensed with.
3. We dispose of this writ petition after hearing Mr.R.G.Kolle, learned advocate for the petitioner, and Mr.V.G.Bhanuprakash, learned additional government advocate for the State, by directing the Senior Geologist and Competent Authority, Department of Mines and Geology, Chikkaballapur, to consider the application of the petitioner for grant of quarry lease dated June 14, 2016, in the background of the provisions of sub-rule (6) of Rule 8 of the Karnataka Minor Mineral Concession Rules, 1994.
4. Let such consideration be done after giving an opportunity of hearing to the writ petitioner or his representative, within three weeks from the date of communication of this order.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*