IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 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. 7890 OF 2019 (GM-MM-S) BETWEEN:
M/S SHALIMAR GRANITES NO.42/1, RANGERS BLOCK, SOMAVARPET - 571236, KODAGU DISTRICT, REPRESENTED BY ITS PARTNER SRI. K.V. BHARATHAN, AGED ABOUT 69 YEARS S/O KUNHI RAMAN.
(BY SRI. JAYANTH V., ADV. FOR SRI. PRAKASH B. S., ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE & INDUSTRIES DEPARTMENT, (MSME & MINES), VIKASA SOUDHA, BANGALORE - 560 001.
2. THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, ... PETITIONER KHANIJA BHAVANA, R. C. ROAD, BANGALORE - 560 001.
3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY, KODAGU - 571236.
(BY SRI. VIKRAM HUILGOL, HCGP) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ISSUE CORRIGENDUM WITHIN A TIME FRAME AMENDING THE PERIOD OF LEASE IN THE QUARRYING LEASE DEED NO.819 DATED 01.01.2009 PRODUCED AS ANNEXURE-A DIRECTING THE RESPONDENTS TO TREAT THE LEASE AS GRANTED FOR A PERIOD OF 30 YEARS IN PLACE OF 10 YEARS FROM THE DATE OF INCEPTION I.E., 01.01.2009.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P. S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. Petitioner was granted with quarrying lease for quarrying ornamental stone in Sy.No.3/32 of Doddahanakodu Village, Somavarpet Taluk, Kodagu District, for a period of 10 years with effect from 01.01.2009. The said lease stood expired on 31.12.2018. Petitioner has submitted a representation on 16.01.2019 (Annexure-E) for extension of quarrying lease for a period of 30 years from the date of original grant, i.e., 01.01.2009.
3. Sri Vikram Huilgol, learned HCGP submits that the said representation will be considered within four weeks from the date of receipt of a copy of this order.
4. Submission of learned HCGP is placed on record. Accordingly, this writ petition is disposed of with a direction to the respondents to consider petitioner’s representation dated 16.01.2019 (Annexure-E) within four weeks from the date of receipt of a copy of this order. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VP