IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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.32204 OF 2017 (GM-MM-S) BETWEEN M/S. SREE SHIVA SAI STONE CRUSHER REP BY ITS MANAGING PARTNER J R BASAVARAJ S/O LATE A RAJASHEKARIAH AGED ABOUT 50 YEARS OCCUPATION: BUSINESS, #366 JIGANI MAIN ROAD, JIGANI ANEKAL TALUK BANGALORE-560105 ... PETITIONER (BY SRI S Y SHIVALLI, ADVOCATE) AND 1.STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA BENGALURU - 560001 2.THE SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE & INDUSTRIES VIKAS SOUDHA, BENGALURU BENGALURU - 560001 3.THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560001 4.THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY 13TH FLOOR, V V KENDRA DR. AMBEDKAR VEEDHI BENGALURU URBAN DISTRICT - 560001 5.THE DEPUTY COMMISSIONER CHAIRMAN OF THE DISTRICT TASK FORCE (MINES) COMMITTEE BENGALURU URBAN DISTRICT - 560001 ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ENDORSEMENT DATED 21.2.2017 BEING ISSUED BY RESPONDENT NO.4 AS BEING ARBITRARY, ERRONEOUS AND CONTRARY TO EQUITY, LAW AND JUSTICE VIDE ANNEXURE-C AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice of the writ petition to the respondents is dispensed with.
2. This writ petition is filed, in substance, seeking for a direction to the authorities to execute the lease in favour of the writ petitioner.
3. Admittedly, the application for grant of lease was made prior to the amendment of the Karnataka Minor Mineral Concession Rules, 2016. Therefore, the endorsement issued against the writ petitioner was erroneous inasmuch as the authorities proceeded on the erroneous assumption that the petitioner was ineligible.
4. Mr.Bhanuprakash submits that till today, no- objection from the environment department has not reached the concerned authorities. It is the responsibility of the authorities to obtain such clearance as, also, the technical report, if any.
5. The concerned authorities are directed to send their opinion to the authorities of the Mines and Geology Department within two weeks.
6. We set aside the endorsement produced as Annexure-C to the writ petition and direct the authorities to consider the request of the petitioner for execution of the lease deed in its favour, within four weeks from the date of communication of this order, subject to no-objection from the environment department as, also, the technical report from the department concerned.
7. With the aforesaid directions, the writ petition stands disposed of.
8. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv