IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 11941 OF 2017 (GM-MM-S) BETWEEN SRI G C SHEKAR S/O SRI G CHANDRAPPA, AGED ABOUT 39 YEARS, R/AT SIDDARAMESHWARA CIRCLE, BRUJANAHATTI, CHITRADURGA - 577 501.
(BY SRI GANAPATHY BHAT VAJRALLI) AND ... PETITIONER 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 (MINES) VIKASA SOUDHA, BENGALURU - 560 001.
3. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT TASK FORCE COMMITTEE (MINES) CHITRADURGA - 577 501.
4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHITRADURGA - 577 501.
5. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001.
... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, ADDL. GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 18.02.2017 ISSUED BY R-4, AT ANNEX-C; DIRECT R-3 & 4 TO CONSIDER THE PETITIONER APPLICATION 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 PETITION ALONG WITH THE INTERLOCUTORY APPLICATION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER ON I.A. NO.II OF 2017 Mr.Ganapathy Bhat Vajralli, learned advocate for the writ petitioner, submits that he has been instructed not to press the application for amendment.
Consequently, the application for amendment, being I.A. No.II of 2017, is dismissed as not pressed.
We make no order as to costs.
ORDER IN THE WRIT PETITION 2. Issue notice to the respondents.
3. Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice of the writ petition to them is dispensed with.
4. Mr.Ganapathy Bhat submits that the petitioner had applied for quarrying lease on August 3, 2016, that is, before the coming into operation of the provisions of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016. He submits that the authorities have rejected his application on the misconception that the applicant was ineligible.
5. We accept the prayer of Mr.Ganapathy Bhat inasmuch as the application was filed prior to the coming into force of the amended provisions of the Karnataka Minor Mineral Concession Rules, on August 12, 2016.
6. Therefore, the endorsement dated February 18, 2017, being Annexure-C to the writ petition, is set aside. We direct the respondent no.4-Deputy Director, Department of Mines and Geology, Chitradurga District, to reconsider the application of the writ petitioner within a period of eight weeks from the date of communication of this order.
7. The writ petition stands disposed of.
8. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*