IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.494/2019 (GM-MM-S) BETWEEN:
R.MAHESH KUMAR S/O. B. RAJANNA, AGED 39 YEARS, R/O.NO.110, SONNAPPANAHALLI, BETTAHALASUR POST, BENGALURU NORTH TALUK, BENGALURU-562 157 ...PETITIONER (BY SRI. K.B.SHIVA KUMAR, ADVOCATE) AND:
1. THE SECRETARY DEPARTMENT OF INDUSTRIES & COMMERCE, VIKASA SOUDHA, BENGALURU – 560 001 2. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY, NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY, CHIKKABALLAPURA-562 101 4. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA – 562 105 5. THE DEPUTY CONSERVATOR OF FOREST CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-562 105 6. THE DISTRICT TASK FORCE (MINES) COMMITTEE, OFFICE OF THE DEPUTY COMMISSIONER, CHIKKABALLAPURA – 562 105 ...RESPONDENTS (BY SRI.V.G.BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A DATED 07.06.2017 PASSED BY THE R-3.
THIS PETITION COMING ON FOR ORDERS THIS DAY, NARAYANA SWAMY J. MADE THE FOLLOWING:
O R D E R The petitioner herein states the grievance against the endorsement dated 07.06.2017 (Annexure-A) for rejection of his application for grant of quarrying lease.
2. It is not in dispute that several similar nature writ petitions have been considered and allowed by this Court while disapproving the similar nature endorsements while restoring the applications for reconsideration, including a batch of writ petitions led by W.P.No.43235/2017 decided on 11.04.2018, wherein this Court has, inter alia, observed as under:
“In the order dated 24.10.2017 in W.P.No.44260/2017, this Court has taken note of the provisions contained in the amended Rule 8-B of the Rules and has also taken note of the candid submissions of the learned Additional Government Advocate as under:-
“5. Learned Additional Government Advocate submits that this Court in Writ Petition No.25421/2017 (DD 04.07.2017) and in several other matters has held that applications as that of the petitioner do not become ineligible if the application was received by the Competent Authority before 16.06.2015 and further, it is held that it is the responsibility of the Competent Authority to consult the authorities referred to in Rule 8(5) of the Rules and to obtain the certificates and reports referred to therein. He further submits that the application of the petitioner was received by the Competent Authority before 16.06.2015.”
This Court has also considered the earlier orders passed in the matters and has allowed W.P.No.60155/2016 by the order dated 22.03.2018, while observing as under:
“Having regard to the submissions made, this petition stands disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions to the authorities of the Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs.”
The proposition aforesaid, for all practical purposes, apply to these cases too. This Court has repeatedly observed that it was the responsibility of the concerned authority/authorities to obtain the clearances and technical reports; and for their omissions, the applications could not have been rejected. We find no reason to take any different view of the matter.
Accordingly, all these petitions stand disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deeds within four weeks from the date of production of the certified copy of this order.
No costs.”
The position aforesaid applies to the present case too.
3. Accordingly, this writ petition is also disposed of at this stage itself with the requirement that the concerned authorities shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
4. The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs.
Learned Additional Government Advocate is permitted to file memo of appearance within four (4) weeks from today.
SD/- JUDGE SD/- JUDGE DR