IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 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.1300 OF 2019 (GM-MM-S) BETWEEN:
SRI DEVARAJ SON OF VENKATASWAMY AGED ABOUT 46 YEARS, NO.101, L.I. 6TH CROSS, 2ND STAGE, BASAVESHWARANAGAR BANGALORE-560 079.
(BY SRI JAYANTH V., ADVOCATE FOR SRI PRAKASH B.S, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE & INDUSTRIES DEPARTMENT, (MSME & MINES) VIKASA SOUDHA BANGALORE-560 001 2. THE DIRECTOR / COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, R.C. ROAD BANGALORE-560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY ... PETITIONER DEPUTY COMMISSIONER & DISTRICT OFFICES COMPLEX, SIDLAGHATTA ROAD CHIKKABALLAPURA-562 101 ... RESPONDENTS (BY SRI V.G. BHANUPRAKASH, AGA) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 01.07.2017 ISSUED BY THE DEPUTY DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, BANGALORE, REJECTING THE APPLICATION OF THE PETITIONER FOR GRANT OF QUARRY LEASE FOR QUARRYING GREY GRANITE OVER AN EXTENT OF 10.00 ACRES IN SY.NO.61 OF G.CHARLOPALLI VILLAGE, BAGEPALLI TALUK, CHICKKABALLAPUR DISTRICT. COPY OF THE ENDORSEMENT DATED 01.07.2017 ISSUED BY THE DEPUTY DIRECTOR HAS BEEN PRODUCED AT ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Petitioner is aggrieved by endorsement dated 01.07.2017 (Annexure-A) rejecting his application for grant of quarrying lease for quarrying grey granite.
2. It is not in dispute that several similar nature writ petitions have been considered and allowed by this Court, either while disapproving the similar endorsements and restoring the applications for reconsideration or while requiring the pending applications to be considered in accordance with law, including a batch of writ petitions led by W.P.No.43235/2017, decided on 11.04.2018, wherein this Court has, inter alia, observed as under:
“In the order dated 24.10.2017 in W.P.No.44260/2017, this Court has taken note of the provisions contained in the amended Rule 8-B of the Rules and has also taken note of the candid submissions of the learned Additional Government Advocate as under:-
“5. Learned Additional Government Advocate submits that this Court in Writ Petition No.25421/2017 (DD 04.07.2017) and in several other matters has held that applications as that of the petitioner do not become ineligible if the application was received by the Competent Authority before 16.06.2015 and further, it is held that it is the responsibility of the Competent Authority to consult the authorities referred to in Rule 8(5) of the Rules and to obtain the certificates and reports referred to therein. He further submits that the application of the petitioner was received by the Competent Authority before 16.06.2015.”
This Court has also considered the earlier orders passed in the matters and has allowed W.P.No.60155/2016 by the order dated 22.03.2018, while observing as under:
“Having regard to the submissions made, this petition stands disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions to the authorities of the Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs.”
The proposition aforesaid, for all practical purposes, apply to these cases too. This Court has repeatedly observed that it was the responsibility of the concerned authority/authorities to obtain the clearances and technical reports; and for their omissions, the applications could not have been rejected. We find no reason to take any different view of the matter.
Accordingly, all these petitions stand disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deeds within four weeks from the date of production of the certified copy of this order.
No costs.”
3. The position aforesaid applies to the present case too.
4. Accordingly, this writ petition is also disposed of at this stage itself with the requirement that the authorities concerned shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE BSR