Next > IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2019 PRESENT THE HON'BLE JUSTICE RAVI MALIMATH AND THE HON'BLE JUSTICE M.NAGAPRASANNA W.P. NO. 30631/2019 (GM-MM-S) BETWEEN:
M/S. SREENIVASA CLAYS, # 6(1), SRINIVAS NILAYAM, A.C. STREET, KAPPAGAL ROAD, GANDHI NAGAR, BALLARI – 583 103 REPRESENTED BY ITS PARTNER B. S. SREENIVAS, AGED ABOUT 50 YEARS (BY SRI./SMT.: SANDEEP LAHARI, ADV.) …PETITIONER/S AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST, ECOLOGY & ENVIRONMENT, ROOM NO. 710, 7TH FLOOR, 4TH GATE, MS BUILDING, BENGALURU – 560 001 …2 2. THE DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU – 560 001 3. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, TUMKURU DISTRICT, KHANIJA BHAVAN, SPOORTHI LAYOUT, BADDIHALLI, RING ROAD, TUMKURU – 572 104 …RESPONDENT/S THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED: 26.02.2019 GIVEN BY THE PETITIONER AND RENEW THE MINING LEASE BEARING ML NO.2196 BY WAIVING/NOT CHARGING ANY DEAD RENT, IN ACCORDANCE WITH LAW (ANNEXURE-H). QUASH THE COMMUNICATION DATED: 16.03.2019 ISSUED BY RESPONDENT NO.3 TO RESPONDENT NO.2 SEEKING DIRECTIONS FOR RENEWAL OF MINING LEASE BEARING ML NO.2196 IN FAVOUR OF THE PETITIONER HEREIN BY CHARGING OF DEAD RENT FROM 2015-16 TO 2018-19 (ANNEXURE-J). ISSUE DIRECTION QUASHING THE ENDORSEMENT DATED: 18.05.2019 ISSUED BY RESPONDENT NOS.2 TO 3 DIRECTING CHARGING OF DEAD RENT FROM 12.08.2016 FOR RENEWAL OF MINING LEASE BEARING ML NO.2196 IN FAVOUR OF THE PETITIONER HEREIN (ANNEXURE-K). COST OF THIS W.P. COSTS OF THE W.P.
THIS WRIT PETITION COMING ON FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING ORDER.
…3 ORDER In view of the admitted negligence and regret expressed, the order dated 02.08.2019, is recalled subject to payment of cost of Rs.5,000/- (Rupees Five Thousand Only) to be paid with the Registry within a period of one week from today.
Further, two weeks time granted finally to comply with the office objections, failing which the writ petition shall stand dismissed without reference.
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