IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 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.45026 OF 2017 (GM-MM-S) BETWEEN:
SRI B.S.HIREMATH AGED ABOUT 56 YEARS R/O VIJAYANAGAR COLONY NEAR WATER TANK BASAVESHWAR CIRCLE ILKAL – 587 125 TALUK HUNAGUND DISTRICT BAGALKOT ... PETITIONER (BY SRI H.B.V.PATIL AND SMT.SHALINI B.S., ADVOCATES) AND:
1. SENIOR GEOLOGIST MINES & GEOLOGY DEPARTMENT KOPPALA DISTRICT, KOPPALA – 583 231 2. DEPUTY CONSERVATOR OF FOREST FOREST DEPARTMENT, KOPPAL KOPPAL DISTRICT – 583 231 3. DEPUTY COMMISSIONER KOPPAL KOPPAL DISTRICT – 583 231 (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 RESPONDENT NO.1 TO ISSUE QUARRYING LICENSE AS REQUESTED BY PETITIONER VIDE APPLICATION DATED 10.11.2016 VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER None appears for the petitioner.
2. We have gone through the papers and more particularly the prayer sought by petitioner to direct respondent No.1 to issue quarrying licence.
3. The petitioner, being the owner of the patta land bearing survey No.94 measuring 4 acres 38 guntas at Arishinakere village, Koppal Taluk and District, had made an application on 10.11.2016 to issue quarrying license to quarry granite in the said land. Though the petitioner is entitled for quarrying licence, the respondents have not yet considered his application.
4. Shri Vikram Huilgol, learned HCGP appearing for the respondents submits that if the application made by the petitioner is in order, the same will be considered and appropriate orders will be passed.
5. In the circumstances, this petition stands disposed of directing the respondents to consider the application made by the petitioner on 10.11.2016 (Annexure-A) for issuing quarrying licence and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB