IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF APRIL, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.18494 OF 2017 (GM-MMS)
SRI.SHIVAKUMAR K.B., ADVOCATE) AND :
1. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 2. THE SECRETARY (MINES AND MSME) COMMERCE AND INDUSTRIES DEPARTMENT, VIKASA SOUDHA BENGALURU – 560 001 3. THE RULE 11 COMMITTEE REPRESENTED BY ITS CHAIRMAN ADDITIONAL CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA BENGALURU – 560 001 ... RESPONDENTS (BY MR.V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R1 to place the application of the petitioner dated 7.2.2014 vide Annexure-D along with no objection certificates issued under Sub-Rule (5) of Rule 8 KMMCR, 1994 in respect of the area before the R3 for grant of quarrying lease in terms of Rule 12(1)(1-A) and etc.
This petition coming on for Preliminary Hearing this day, THE CHIEF JUSTICE made the following:
ORDER Issue notice.
Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for the respondents. Therefore, formal service of notice to them is dispensed with.
2. Mr.Ashok Haranahalli, learned Senior Advocate appearing in support of the writ petition submits that the writ petitioner needs an answer to his application seeking permission for quarrying lease. The authorities are not considering the application of the writ petitioner for quarrying lease.
3. We direct the respondent No.2 – Secretary (Mines and MSME), Department of Commerce and Industries, Government of Karnataka, to consider the application of the writ petitioner, stated to have been filed on February 7, 2014, in accordance with law, after giving opportunities of hearing to all concerned in the matter, by passing a reasoned and speaking order, within a period of two months from the date of communication of this order.
4. The writ petition stands disposed of, accordingly.
5. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV