IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.33469 of 2017 (GM-MM-S) BETWEEN POOJA D/O IRAYYA SUBHAPURMATH AGED ABOUT 21 YEARS OCC:BUSINESS R/O HIREKOPPA K.S. TALUK:RAMDURGA BELAGAVI DISTRICT-591 114 ... PETITIONER (BY SRI S Y SHIVALLI, ADVOCATE) AND 1.STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA BENGALURU-560 001 2.THE SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE & INDUSTRIES VIKAS SOUDHA, BENGALURU BENGALURU-560 001 3.THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 4.THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY APMC ROAD SANGAMESHWARA NAGARA BELAGAVI-590 001 5.THE DEPUTY COMMISSIONER CHAIRMAN OF THE DISTRICT TASK FORCE (MINES) COMMITTEE BELAGAVI-590 001 ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ENDORSEMENT DATED 18.11.2016 BEING ISSUED BY RESPONDENT NO.4 AS BEING ARBITRARY, ERRONEOUS AND CONTRARY TO EQUITY, LAW AND JUSTICE VIDE ANNEXURE-D AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice to the respondents is dispensed with.
2. This is a 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.G.Bhanuprakash, 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-D 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 bkv