IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.36497 OF 2018 (GM-MM-S) BETWEEN:
M/S. RENUKA GRANITES, REP BY ITS MANAGING PARTNER- MR. B. BHEEMAIAH, S/O BHOOTHANNA, AGED ABOUT 65 YEARS, NO.136, “ANUGRAHA” 1ST CROSS, R. K. GARDEN LAYOUT, NEW BEL ROAD, RMV 2ND STAGE, BENGALURU-560 054.
... PETITIONER (BY SRI. 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 GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES , VIKASA SOUDHA, BENGALURU, BENGALURU-560 001.
3. THE DIRECTOR & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, BADDIHALLI, RING ROAD, TUMKURU-572 104.
5. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, TUMKURU-572 102.
6. THE DEPUTY CONSERVATOR OF FORESTS, TUMKURU DISTRICT, OFFICE OF DCF, TUMKURU-572 102. ... RESPONDENTS (BY SRI. VIKRAM HUILGOL, HCGP) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 TO IMMEDIATELY GRANT AND EXECUTE A CONDITIONAL QUARRY LEASE IN FORM-GL-C, TO EXTRACT PINK GRANITE IN GOVERNMENT LAND BEARING SY.NO. 63 OF SHETTIHALLI VILLAGE, MADHUGIRI TALUKA, TUMKUR DISTRICT, OVER AN AREA OF 38.00 ACRES AS PER QL APPLICATION DATED 26.12.2014 VIDE ANNEX-B VIDE NEWLY AMENDED RULE 8(6) AND ITS PROVISO EFFECTIVE FROM 18.11.2017 PURSUANT TO AN ORDER DATED 31.08.2017 PASSED BY THIS HON'BLE COURT IN W.P. 37185/2017 VIDE ANNEXURE-A FOR DEEMING TO HAVE RECEIVED REVENUE AND FOREST NOC AS WELL AS RECEIPT OF TECHNICAL REPORT DATED 12.07.2018 VIDE ANNEX-C AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER The petitioner had approached this Court in W.P.No.37185/2017 seeking to quash the endorsement dated 11.08.2017 issued by the Director and Commissioner, Department of Mines and Geology, Bengaluru. By an order dated 31.08.2017, the said writ petition came to be disposed of setting the aside the said endorsement dated 11.08.2017 and directing the authorities to consider the prayer of the petitioner for execution of the lease deed within a period of four weeks.
2. The case of the petitioner is that despite the said direction by this Court, the respondents have not considered the same. Hence, the present petition is filed seeking direction to the respondent No.3 to consider and pass appropriate orders for execution of lease in respect of an area of 38.00 acres of land in Sy.No.63 of Shettihalli Village, Madhugiri Taluk, Tumkur District.
3. Sri Vikram Huilgol, learned HCGP for the respondents submits that since the respondents have not received Revenue NOC and Forest NOC, he seeks eight weeks’ time to consider the prayer of the petitioner and pass appropriate orders.
4. In this background, it is pertinent to observe that when a direction is issued by this Court, it is the duty on the part of the respondents to consider and pass appropriate orders within the time stipulated. In case, if the said order is not complied as per the directions, the respondents shall file an application seeking extension of time. Hereinafter, non-filing of such application seeking extension will be viewed seriously.
In the facts and circumstances of the case, this petition is disposed of directing the respondents to consider and pass appropriate orders within a period of eight weeks form today.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca