IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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. 33042 OF 2017 (GM-MM-S) BETWEEN R VENKATESHMURTHY S/O LATE RAMAKRISHNAPPA, AGED 37 YEARS, DHANWANTHANAHALLI, VEMAGAL HOBLI, MEDIHAL POST, KOLAR TALUK-563 101.
(BY SRI R G KOLLE, ADVOCATE) ... PETITIONER AND 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU, BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY TO GOVT DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU, BENGALURU-560 001.
3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. ADDITIONAL CHIEF SECRETARY & CHAIRMAN RULE 11 COMMITTEE, CONSTITUTED UNDER KMMC RULES, 1994, VIDHANA SOUDHA, BENGALURU-560 001.
5. THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE, KOLAR DISTRICT, KOLAR KOLAR-563 133.
... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-5 TO COMMUNICATE TO R-3 TO IMMEDIATELY PROCESS THE QUARRYING LEASE APPLICATION DATED 16.9.2014 AT ANNEX-B AND GRANT A CONDITIONAL QUARRY LEASE TO EXTRACT MULTI COLOUR GRANITE IN GOVT. LAND BEARING SY.NO.108 OF ANDRAHALLI VILLAGE KOLAR TALUKA AND DISTRICT, OVER AN AREA OF 02.20 ACRES FOR A PERIOD OF 30 YEARS, IN TERMS OF NEWLY AMENDED RULE 8(6) EFFECTIVE FROM 12.08.2016 BY QUASHING OR SETTING ASIDE THE ENDORSEMENT DATED 2.6.2017 ISSUED BY R- 3 AT ANNEX-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER An application was filed by the writ petitioner for grant of quarry lease for multi-colour granite, on September 16, 2014, that is, much prior to the coming into operation of the amendment to the Karnataka Minor Mineral Concession Rules.
2. An endorsement dated June 2, 2017, is impugned, inasmuch as the application of the petitioner was rejected on the presumption that the applicant was ineligible.
3. We are of the opinion that as the application was filed prior to the coming into operation of the Karnataka Minor Mineral Concession Rules as amended by the 2016 rules, the application of the writ petitioner is to be considered on the basis of the unamended provisions of the said rules.
4. Thus, the endorsement dated June 2, 2017, is set aside, and we direct the Director, Department of Mines and Geology, Bengaluru, to consider the application of the petitioner dated September 16, 2014. for grant of quarry lease as expeditiously as possible, preferably within four weeks from the date of communication of this order.
5. The writ petition stands disposed of.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*