IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.41890/2017 (GM-MM-S) BETWEEN:
SRI D.SURENDRA KUMAR S/O SRI DEVARAJ AGED ABOUT 38 YEARS R/AT #14/350 BEHIND KSRTC BUS STAND CHAMRAJANAGAR – 571 313 ...PETITIONER (BY SRI BHANUPRAKASH.H.V, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA, BANGALORE – 560 001 2. DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE AUTHORITY FOR REGULATION & LICENSING OF CRUSHER UNITS CHAMRAJANAGAR DISTRICT – 571 313 3. DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY CHAMRAJANAGAR DISTRICT – 571 313 …RESPONDENTS (BY SRI V.G.BHANUPRAKASH AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT LETTER DATED 12.06.2017 ISSUED BY R-3 AT ANNEXURE-F INSOFAR AS IT RELATES TO THE DECISION TAKEN TO REJECT THE FRESH APPLICATION SEEKING FOR GRANT OF QUARRY LEASE AND DIRECT RESPONDENT NO.3 TO GRANT QUARRY LEASE TO THE PETITIONER AS PRAYED FOR IN THE APPLICATION DATED 10.08.2015 AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Heard. Learned Additional Government Advocate appearing for the respondents fairly submits that the order dated 12.06.2017 (Annexure-F) impugned in this writ petition is contrary to the law laid down by this Court in Sri T.Ramesh v. The State of Karnataka and Others [WP No.31588/2017 (GM-MM-S) D.D. 18.07.2017] and he submits that the impugned order may be set aside and the matter may be remitted to respondent No.3.
2. In view of the above, we make the following order:
The impugned order dated 12.06.2017 (Annexure-F) is set aside. The matter is remitted to respondent No.3 for reconsideration is accordance with law. All contentions of both the parties are kept open. The writ petition is accordingly disposed of.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB