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.25363 OF 2017 (GM-MM-S) BETWEEN:
SRI.B.N.PALAIAH S/O.SRI.NAGAPPA AGED ABOUT 45 YEARS R/AT No.152A, GOPALA BASANAHALLI TARIKERE TALUK CHIKKAMAGALUR DISTRICT-577 144 ...PETITIONER (BY SHRI.V.GANAPATHI BHAT, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA Dr.B.R.AMBEDKAR VIDHI BENGALURU-560 001 2. THE SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT OF COMMERCE (MINES) VIKASA SOUDHA BENGALURU-560 001 3. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT TASK FORCE COMMITTEE (MINES) CHITRADURGA-577 501 4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHITRADURGA-577 501 5. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 …RESPONDENTS (BY SHRI.VENKATASWAMY GANGADHAR BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016 DATED 2.8.2016 AT ANNEXURE-F, IN SO FAR AS RULE 8B(2)(d) IS UNCONSTITUTIONAL, NULL AND VOID AND SAME TO BE STRUCK DOWN AND QUASH THE IMPUGNED ENDORSEMENT DTD.30.3.2017 ISSUED BY R-4 VIDE ANNEXURE-E AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R Mr.V.Ganapathy Bhat, learned advocate, appears for the writ petitioner.
2. He submits, on instructions, that he is not pressing the first prayer in the writ petition, that is, challenge to the amendment of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.
3. Mr.Ganapathy Bhat submits that the petitioner had applied for quarrying lease on October 13, 2015, that is, before the coming into operation of the amended provisions of the said Act. He submits that the authorities have rejected his application on the misconception that the applicant was ineligible.
4. We accept the prayer of Mr.Ganapathy Bhat inasmuch as the application was filed prior to the coming into force of the amended provisions of the Karnataka Minor Mineral Concession Rules, on August 12, 2016.
5. Therefore, the endorsement dated March 30, 2017, being Annexure-E to the writ petition, is set aside. We direct the respondent no.4-Deputy Director, Department of Mines and Geology, Chitradurga District, to reconsider the application of the writ petitioner within a period of eight weeks from the date of communication of this order.
6. The writ petition stands disposed of.
7. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/- JUDGE Yn.