IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.16141/2019 (GM-MM-S) BETWEEN:
SATISH KINI S/O SHRINIVAS KINI RESIDENT OF BELVE POST-576 212 KUNDAPUR TALUKA UDUPI DISTRICT ... PETITIONER (BY SHRI. R.G. KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU-560 001 2. THE SECRETARY TO GOVT.
DEPT. OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY, RAJATADRI A BLOCK, I FLOOR MANIPAL, UDUPI-576 104 5. THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE, UDUPI DISTRICT UDUPI-576 101 6. THE DEPUTY CONSERVATOR OF FORESTS O/O THE DCF, KUNDAPURA DIVISION UDUPI-576 201 ... RESPONDENTS (BY SMT. PRATHIMA HUNSAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 SENIOR GEOLOGIST & COMPETENT AUTHORITY TO GRANT AND EXECUTE A CONDITIONAL QUARRY LEASE FORTHWITH IN FORM-GL-C, TO EXTRACT ORDINARY BUILDING STONES IN GOVT. LAND BEARING SY.NO.219/1 OF NALKUR VILLAGE, UDUPI TALUKA, UDUPI DISTRICT. OVER AN AREA OF 03.90 ACRES AS PER QL APPLICATION DTD. 05.11.2015 PRODUCED AT ANNX-B, VIDE NEWLY AMENDED RULE 8 (6) AND ITS PROVISO EFFECTIVE FROM 18.11.2017, PURSUANT TO AN ORDER DTD. 12.06.2017 PASSED BY THIS HON'BLE COURT IN W.P. NO.24087/2017 PRODCUED AT ANNX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The learned AGA states that a notice has been issued on 29th May 2019 to the petitioner calling upon the petitioner to remain present on 3rd June 2019 at 3.00 p.m. with concerned documents. She states that within four weeks from 3rd June 2019, the application made by the petitioner for grant of quarrying lease will be disposed of.
2. The learned Counsel appearing for the petitioner submits that the petitioner is under no obligation to produce documents. If that be so, petitioner can always point out this aspect to the concerned authority on 3rd June 2019.
3. We accept the statement made by the learned AGA, on instructions. In view of the statement, we direct the concerned respondents to decide the application made by the petitioner for grant of quarrying lease within a period of four weeks from 3rd June 2019.
Petition is disposed of with the above terms.
Sd/- CHIEF JUSTICE SPS Sd/- JUDGE