IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 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.4387 OF 2019 (GM-MM-S) BETWEEN:
SRI D R BALACHANDRA, S/O N RANGANATH, AGED ABOUT 43 YEARS, R/AT DESHIHALLI VILLAGE, K G F MAIN ROAD, BANGARAPETE TALUK, KOLAR DISTRICT-563 162.
... PETITIONER (BY SRI. NAVEEN CHANDRA N, ADV.,) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVT. DEPT.OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001 3. THE DIRECTOR & DMG COMMISSIONER KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY KOLAR-563 102 5. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE, KOLAR DISTRICT, KOLAR-563 101 6. THE ADDITIONAL DEPUTY COMMISSIONER O/O DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR-563 101 7. THE GAZETTED ASSISTANT O/O KOLAR DEPUTY COMMISSIONER KOLAR-563 101 8. THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER KOLAR-563 101 9. THE JOINT DIRECTOR & REVISING AUTHORITY DEPT.OF MINES & GEOLOGY, SOUTH RANGE, MYSURU-570 023 ... RESPONDENTS (BY SRI.VIKRAM HUILGOL, HCGP) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT DATED 24.03.2018 ISSUED BY 4TH RESPONDENT SENIOR GEOLOGIST PRODUCED AT ANNEXURE-A AND THE EARLIER ENDORSEMENT DATED 14.12.2016 AT ANNEXURE-C AND ENDORSEMENT DATED 20.06.2017 ISSUED BY 4TH RESPONDENT SENIOR GEOLOGIST PRODUCED AT ANNEXURE-D AS WELL AS THE REVISION ORDER DATED 02.02.2018 ISSUED BY 9TH RESPONDENT REVISING AUTHORITY AT REVISION PETITION 128/2017-18 PRODUCED AT ANNEXURE-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER Heard.
2. Mr. Naveen Chandra.N., learned Advocate for petitioner as well as Mr. Vikram Huilgol, learned HCGP for respondent – State submit that the issue involved in this case is covered by the decision of this Court in W.P. No.14382/2016 (D.D. 03.07.2018) 3. The above submission made by both the learned Advocates is placed on record.
4. This petition is disposed of with the following directions :
(a) The impugned endorsements are set aside.
(b) The matter stands restored for reconsideration of the Senior Geologist, Department of Mines and Geology, Kolar District in accordance with law and at the earliest, preferably within 90 days from the date of receipt of certified copy of this order.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK