IN THE HIGH COURT OF KARNATAKA AT BENGALURU Dated this the 26th day of April, 2017 PRESENT:
THE HON’BLE MR SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR JUSTICE P S DINESH KUMAR WRIT PETITION No.17533 OF 2017 (GM-MM-S) BETWEEN:
SRI.G.ANANTHKUMAR S/O.SRI.GUJJARAIAH AGED ABOUT 40 YEARS R/AT DONNENAHALLI VILLAGE TAVARKERE HOBLI BANGALORE SOUTH TALUK BANGALORE URBAN DISTRICT-562 130 ...PETITIONER (BY SHRI.GANAPATHY BHAT VAJRALLI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, Dr.B.R.AMBEDKAR VIDHI BENGALURU-560 001 2. THE SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT OF COMMERCE VIKASA SOUDHA BENGALURU-560 001 3. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT TASK FORCE COMMITTEE (MINES) BANGALORE URBAN DISTRICT BENGALURU-560 009 4. THE SENIOR GEOLOGIST(MINERAL) DEPARTMENT OF MINES AND GEOLOGY BANGALORE SOUTH DIVISION 13TH FLOOR, V.V.TOWER DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 5. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN BENGALURU-560 001 …RESPONDENTS (BY SHRI.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 21.2.2017, ISSUED BY R-4 AT ANNEXURE-B AND DIRECT R-3 & 4 TO CONSIDER THE PETITIONER APPLICATION DTD:27.3.2013 AS PER ANNEXURE-A AFRESH AND DISPOSE OFF THE APPLICATION BY GRANTING LEASE IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY WITHIN A TIME FRAMED PERIOD.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:-
O R D E R This is a writ petition, in substance, seeking a direction on the authorities to execute the lease.
2. The application for grant of lease was made prior to the amendment of the provisions of the Karnataka Minor Mineral Concession Rules, 1994. Therefore, the endorsement challenged in this writ petition is erroneous, as the authorities proceeded on the basis that the application was not saved.
3. The endorsement dated February 21, 2017, being Annexure-B, is set aside and we direct the authorities to consider the prayer for execution of the lease in favour of the writ petitioner, within four weeks from the date of communication of this order.
4. The writ petition stands disposed of.
5. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE Yn.