IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.8286/2019 (GM-MM-S) BETWEEN :
SRI. G. KUMAR S/O GANESHA AGED ABOUT 40 YEARS WARD NO.10, SARASWATHI COLONY BEHIND BHARGAVI THEATRE NANJANGUD TOWN-571 301 MYSURU DISTRICT ... PETITIONER (BY SHRI. P. MAHESHA, ADVOCATE) AND :
1. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.316, 317, 3RD FLOOR DISTRICT ADMINISTRATION BUILDINGS CHAMARAJANAGAR-571 313 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 3. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR-571 313 4. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MINES) VIKASA SOUDHA BENGALURU-560 001 ... RESPONDENTS (BY SHRI. VIKRAM HUILGOL, HCGP) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE R-1 DEPUTY DIRECTOR MINES AND GEOLOGY, CHAMARAJANAGAR DTD:12.6.2017 VIDE ANNEXURE-E AND DIRECT THE R-1 AND 2 TO CONSIDER THE APPLICATION DTD:13.8.2015 VIDE ANNEXURE-B OF PETITIONER FOR GRANT OF QUARRYING LEASE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned Counsel appearing for the petitioner and the learned High Court Government Pleader for the respondents.
2. The challenge in this petition under Article 226 of the Constitution of India is to the endorsement dated 12th June 2017 by which an application made by the petitioner for grant of quarrying lease was rejected on the ground that the application ought to have been submitted before 16th June 2015. The endorsement refers to the amendment carried out to the Karnataka Minor Mineral Concession Rules, 1994 with effect from 12th August 2016.
3. The learned High Court Government Pleader accepts that the date 16th June 2015 has no significance as the amended Rules came into force on 12th August 2016.
4. Therefore, it follows that the ground on which rejection is made cannot be sustained. Hence, the impugned endorsement deserves to be set-aside and we pass the following order:
(i) The impugned endorsement dated 12th June 2017 is hereby quashed and set-aside;
(ii) The application made by the petitioner for grant of quarrying lease shall be considered afresh in accordance with law within a period of two months from today;
(iii) Needless to say that the concerned authorities will take into consideration the law laid down today by a separate judgment passed in W.P. No. 10601/2019 and other connected matters;
(iv) Petition is disposed of in the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE SPS