IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.34618/2019 (GM-MM-S) BETWEEN PUTTASWAMY GOWDA S/O LATE NINGAIAH AGED ABOUT 62 YEARS R/AT NO.A-1003, MANTRI GREENS SAMPIGE ROAD, MALLESWARAM BANGALORE-560003 ...PETITIONER (BY SRI K B SHIVA KUMAR, ADVOCATE) AND 1 . THE SECRETARY (MSME &MINES) DEPARTMENT COMMERCE & INDUSTRIES BENGALURU-560001 2 . THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560001 3 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY KOLAR-563101 … RESPONDENTS (BY SRI Y H VIJAY KUMAR, PRL.G.A. FOR R-1 TO 3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF RESPONDENT NO.1 WITH REGARD TO ISSUANCE OF NOTIFICATION DATED 16.11.2017, W.E.F. 18.11.2017 (SUBSTITUTION OF PROVISO TO RULE 8(6) OF KMMCR 1994) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner and the learned Principal Government Advocate appearing for the respondents.
2. As per the order dated 23rd August 2019, the petitioner has given up the first three prayers. Therefore, the only prayer which survives for consideration is the prayer for issuing a writ of mandamus directing the respondents to grant quarrying lease to the petitioner on the basis of the application dated 9th June 2015 made under the Karnataka Minor Mineral Concession Rules, 1994.
3. If the application made by the petitioner is still pending as contended by the learned counsel appearing for the petitioner, the same will be governed by the decision of this Court dated 16th August 2019 in W.P.No.10601/2019 and other connected matters.
4. The learned Principal Government Advocate has no instructions in the matter.
5. We, therefore, pass the following order:
(i) If the application dated 9th June 2015 has been already disposed of, the respondents shall provide a copy of the order/endorsement passed on the application to the petitioner within a period of one month from today;
(ii) If the application is still pending, the same shall be decided within a period of three months from today in the light of the judgment and order of this Court dated 16th August 2019 in W.P.No.10601/2019 and connected matters.
(iii) The petition is disposed of on the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv