IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD 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.36731 OF 2017 (GM-MMS) BETWEEN:
M/S. NAVODAYA INFRA, PRINCIPAL PLACE OF BUSINESS, SY.NO.53, SULIVARA VILLAGE, GOLLAHALLI TAVAREKERE HOBLI, BENGALURU-562 130.
REP. BY ITS PARTNER, SRI.SYEED AHMED. ... PETITIONER (BY SRI. S.A. AHMED, ADVOCATE) AND:
1. THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, 13TH FLOOR, V.V.TOWER, DR. AMBEDKAR VEEDHI, BENGALURU URBAN DISTRICT, BENGALURU-560 001.
2. THE ASSISTANT DIRECTOR LAND RECORDS, OFFICE OF THE ASSISTANT COMMISSIONER, BENGALURU, 2ND FLOOR, KANDAYA BHAVAN, BENGALURU SOUTH TALUK, BENGALURU-560 001. ... RESPONDENTS (BY SRI. V.G.BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO R-1 AND R-2 TO CONDUCT JOINT SURVEY AS PER LETTER DATED 31.05.2016 ISSUED BY R-1 AT ANNEXURE-G AND FIX BOUNDARIES WITH LONGITUDE AND LATITUDE AS MENTIONED IN THE APPROVED SKETCH AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Petitioner was given licence bearing No.618 in respect of Sy. No.59 of Sulivara village, Tavarekere Hobli, Bengaluru South Taluk, Bengaluru Urban District, to an extent of 2.00 acres, on 15.6.2009. Thereafter, the petitioner made an application for renewal of licence, which is pending consideration. For renewal of the licence, joint inspection report has to be prepared as per Rule 8(5) of Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as ‘the Rules’).
2. The case of the petitioner is that though the joint inspection is made, report is not made available. Unless and until, the said requirement is complied with, the respondents cannot consider his application for renewal. As such, this writ petition is filed praying for a writ of mandamus to the respondents to comply with Rule 8(5) of the Rules.
3. The joint inspection report is a pre-condition for the purpose of consideration of the application for renewal of licence/lease and the joint inspection report is to be submitted by Assistant Commissioner/Assistant Director of Land Records and Deputy Director or Senior Geologist concerned.
4. Learned counsel for respondents submits that there is already a report, which is produced by the petitioner at Annexrue-D and there is no necessity to conduct one more inspection in this regard.
5. We have heard the learned counsel appearing for both the parties and perused the records.
6. Rule 8(5) of the Rules prescribes that before considering the application for lease or licence, there shall be a joint inspection report to be submitted by the Assistant Commissioner of Revenue Department and Deputy Director/Senior Geologist concerned.
7. The inspection conducted on 8.6.2016 is not in consonance with Rule 8(5) inasmuch as it is conducted by Officers below the rank specified in the Rules.
8. In the circumstances, this writ petition is disposed of with a direction to the respondents to carry out the joint inspection as provided under Rule 8(5) of the Rules and submit the report within two weeks from the date of receipt of a copy of this order.
Writ petition is disposed of accordingly.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE CS