IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.31562 OF 2019 (GM-MM-S) BETWEEN:
SRI CHANDRASHEKAR D POOJAR SON OF DEVENDRAPPA AGED ABOUT 48 YEARS R/O HOLALA VILLAGE HOVVINAHADAGALI TALUK BELLARY DISTRICT - 583219 (BY SHRI PRAKASH B.S., ADVOCATE) AND:
... PETITIONER 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (SSI, MINES & TEXTILES) VIKASA SOUDHA, BENGALURU - 560001 2. THE DIRECTOR / COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA, R.C. ROAD BANGALORE - 560001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY G.G. MAGAVI CHAMBERS 2ND FLOOR, P.B. ROAD HAVERI - 581110 (BY SHRI V.G. BHANUPRAKASH, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE R-3 WITH REGARD TO THE GRANT OF QUARRY LEASE VIDE NOTIFICATION DATED 29.04.2015 (VIDE ANNEXURE-A) GRANTING QUARRYING LEASE OVER AN EXTENT OF 2.00 ACRES AND OTHER RELATED DOCUMENTS, PRODUCED AT ANNEXURE-A TO THE WRIT PETITION AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER There is no dispute that the facts of this petition are similar to the facts of the Writ Petition No.31351/2019, which is decided yesterday.
2. Accordingly, for the reasons recorded in the said judgment and order passed yesterday, the following order is passed:
i) We direct the respondents to act upon the notification at Annexure-A and to execute quarrying lease in favour of the petitioner on the terms and conditions mentioned in the notification;
ii) The quarrying lease shall be executed in terms of the notification at Annexure-A after due verification of the compliance made by the petitioner with the terms and conditions incorporated in the said notification. While verifying whether compliances have been made, the concerned authority will deal with the Office Memorandum dated 8th August 2019 provided it is applicable;
iii) Subject to verification made as aforesaid, the quarrying lease shall be executed in favour of the petitioner as expeditiously as possible and in any event within a period of three months from today;
iv) The petition is allowed on the above terms.
.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB