IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 26th day of April, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR WRIT PETITION No.17545 OF 2017 (GM-MM-S) BETWEEN:
NEMINATH LAGAMANNA BOMMANAVAR AGED ABOUT 45 YEARS OCC: BUSINESS & AGRICULTURIST R/O. DHUPDAL, GOKAK TALUK BELAGAVI DISTRICT ...PETITIONER (BY SHRI.S.Y.SHIVALLI, ADVOCATE) AND:
1. STATE OF KARNATAKA REPTD., BY ITS CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA BENGALURU-560 001 2. THE SECRETARY TO GOVERNMENT DEPT. OF COMMERCE & INDUSTRIES VIKASA SOUDHA BENGALURU-560 001 3. THE COMMISSIONER / DIRECTOR DEPT. OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 4. THE DEPUTY DIRECTOR DEPT. OF MINES AND GEOLOGY APMC ROAD, SANGAMESHWARA NAGARA BELAGAVI-590 001 5. THE DEPUTY COMMISSIONER CHAIRMAN OF THE DISTRICT TASK FORCE COMMITTEE (MINES) BELAGAVI:590 001 …RESPONDENTS (BY SHRI.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR SET ASIDE THE ENDORSEMENT DTD.18.11.2016 ISSUED BY THE R-4 AS BEING ARBITRARY, ERRONEOUS AND CONTRARY TO EQUITY LAW AND JUSTICE [ANNEXURE-A] AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R Mr.V.Sreenidhi, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice to the respondents is dispensed with.
2. This is the writ petition, in substance, seeking for a direction to the authorities to execute the lease in favour of the writ petitioner.
3. Admittedly, the application for grant of lease was made prior to the amendment to the Karnataka Minor Mineral Concession Rules, 1994. Therefore, the endorsement issued against the writ petitioner was erroneous, inasmuch as the authorities proceeded on the erroneous assumption that the petitioner was ineligible.
4. Mr.V.Sreenidhi, learned additional government advocate, submits that till today, no-objection from the environment department has not reached the concerned authorities. It is the responsibility of the authorities to obtain such clearance as, also, the technical reports, if any.
5. The concerned authorities are directed to send their opinion to the authorities of the Mines and Geology Department, within two weeks.
6. We set aside the endorsement produced as Annexure-A to the writ petition and direct the authorities to consider the prayer for execution of the lease deed within four weeks from the date of communication of this order, subject to no-objection from the environment department as, also, the technical report from the departments concerned.
7. With the aforesaid directions, the writ petition stands disposed of.
8. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.