IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st 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.33043 OF 2017 (GM-MMS) BETWEEN :
R.VENKATESHMURTHY S/O (LATE) RAMAKRISHNAPPA AGE: 37 YEARS DHANWANTHANAHALLI VEMAGAL HOBLI, MEDIHAL POST KOLAR TALUKA – 563 101 ... PETITIONER (BY MR.R.G.KOLLE, ADVOCATE) AND :
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU BENGALURU – 560 001 2. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU BENGALURU – 560 001 3. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 4. ADDITIONAL CHIEF SECRETARY AND CHAIRMAN RULE 11 COMMITTEE CONSTITUTED UNDER KMMC RULES, 1994 VIDHAN SOUDHA BENGALURU – 560 001 5. THE CHAIRMAN AND DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE KOLAR DISTRICT, KOLAR KOLAR – 563 133 ... RESPONDENTS (BY MR.V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R5 to communicate to the R3 to immediately process the quarrying lease application dated 16.9.2014 vide Ann-B and grant a conditional quarry lease to extract multi colour granite in Government land bearing Sy.No.77 and 41 of Andrahalli and Nandi Kammanahalli Village, Kolar Taluka and District, over an area of 5.00 acres for a period of 30 years, in terms of newly amended Rule 8(6) effective from 12.8.2016 by quashing or setting aside the endorsement dated 2.6.2017 issued by R3 vide Ann-A, and etc.
This petition coming on for Preliminary Hearing this day, THE CHIEF JUSTICE made the following:
ORDER Issue notice.
Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for the respondents. Therefore, formal service of notice to them is dispensed with.
2. The writ petitioner applied for multi colour granite quarrying lease over an area of 5 acres in survey numbers 77 and 41 of Andrahalli and Nandi Kammanahalli Village, Kolar District, on September 16, 2014.
3. The application was rejected by order dated June 2, 2017, being Annexure-A, on the ground that the application were ineligible in view of the amendment to the Karnataka Minor Minerals Concession Rules, 1994, by amendment of 2016.
4. We are of the opinion that as the application was filed prior to the coming into the operation of the said amendment Rules, the application is not ineligible and, therefore, the authorities are directed to consider the application of the writ petitioner within a period of six weeks in accordance with law.
5. The endorsement dated June 2, 2017, is set aside.
6. The writ petition stands allowed.
7. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV