IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 51202 / 2019 (GM-MMS) BETWEEN:
SRI BHARAMAPPA D PUJARI AGED ABOUT 32 YEARS S/O DUSANGEPPA R/AT WARD NO.11 NANDISHWAR NAGAR PIPE FACTORY, TOTADA MANE VIDYAGIRI BAGALKOT DISTRICT – 587 102 ... PETITIONER (BY SHRI PRAKASH B.S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY COMMERCE & INDUSTRIES DEPARTMENT (MSME & MINES) VIKASA SOUDHA BANGALORE – 560 001 2. THE DIRECTOR / COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA, R.C. ROAD BANGALORE – 560 001 3. DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.16/A, BRINDAVAN SECTOR NAVANAGAR BAGALKOT – 587 125 4. DEPUTY COMMISSIONER & CHAIRMAN DISTRICT SAND MINOTORING COMMITTEE BAGALKOT DISTRICT BAGALKOT – 587 101 .... RESPONDENTS (BY SHRI Y.H. VIJAY KUMAR, PRL.GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT TO ISSUE MINERAL DISPATCH PERMIT ON PYAMENT OF ROYALTY FOR TRANSPORATION OF SAND INTER DISTRICT COVERED UNDER QUARRYING LICENCE NO.472 DATED 12.09.2019 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner.
2. Issue notice to the respondents. The learned Additional Government Advocate takes notice for the respondents.
3. On 12th September 2019, a quarrying lease was executed by the State Government in favour of the petitioner. On 6th November 2019, an application/representation was made by the petitioner for grant of mineral dispatch permit for transportation of sand inter-District. The prayer in this petition is for issuing a writ of mandamus directing the third respondent to issue mineral dispatch permit on payment of royalty for transportation of sand inter-District covered under the quarrying licence dated 12th September 2019.
4. Our attention is invited to the judgment and order dated 13th March 2019 in W.P.No.11020/2019 passed by the Division Bench of this Court. The Division Bench of this Court has rejected the stand of the State Government that a person holding a quarrying lease should restrict the sale of sand only within the District. The Division Bench held that so long as sand is lawfully extracted and royalty is paid, no restriction can be placed for sale of sand outside the District.
5. Accordingly, we pass the following order:
(i) In view of the aforesaid decision of this Court, we hold that there is no bar on granting mineral dispatch permit inter- District;
(ii) Therefore, on necessary compliance being made, the third respondent shall take steps to issue mineral dispatch permit in terms of Annexure-D to the petition;
(iii) Accordingly, the petition is disposed of in the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN