Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 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.8037/2019 (GM-MM-S) BETWEEN:
SRI. G.S. SHIVAKUMAR S/O LATE M. SADASHIVAIAH AGED ABOUT 50 YEARS R/A NO.58, 1ST MAIN ROAD E-STREET, NEW GUDDADHAHALLI MYSORE ROAD, BENGALURU-560 026 ... PETITIONER (BY SHRI. CHOKKAREDDY, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU-560 001 3. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 4. THE SENIOR GEOLOGIST AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY PATRENAHALLI, CHIKKABALLAPURA CHIKKABALLAPURA-562 101 5. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT TASK FORCE(MINES) COMMITTEE, CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 101 ... RESPONDENTS (BY SHRI. V.G.BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-5 DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT TASK FORCE (MINES) COMMITTEE TO COMMUNICATE TO THE R-4 SENIOR GEOLOGIST AND COMPETENT AUTHORITY TO GRANT AN EXECUTE A QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONES WHICH IS A NON-SPECIFIED MINOR MINERAL, IN GOVERNMENT LAND BEARING SY.NO.97 OF BOMMEKALLU VILLAGE, AMBAJIDURGA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT OVER AN AREA OF 3 ACRES FOR DEEMING TO HAVE RECEIVED REVENUE NOC, FOREST NOC AND TECHNICAL REPORT AS PER QUARRY LEASE APPLICATION DATED 01.04.2016 FILED BY THIS PETITIONER PRODUCED AT ANNEXURE-A THEREBY GRANT AND EXECUTE A CONDITIONAL QUARRY LEASE IMMEDIATELY FOR A PERIOD OF 30 YEARS IN TERMS OF NEWLY AMENDED RULE 8(6) OF KMMC RULES EFFECTIVE FROM 12.08.2016.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE, MADE THE FOLLOWING:-
O R D E R Prayer made by the petitioner is for consideration of his application for quarrying lease made on 01.04.2016. It is the case of the petitioner that said application has not been considered by the respondents.
2. Learned Additional Government Advocate for the respondents submitted that an endorsement has been issued by the Senior Geologist, Mines and Geology Department on 21.10.2017 rejecting petitioner’s application for quarrying lease dated 01.04.2016.
3. We have heard the learned Counsel for the parties and gone through the papers.
4. From the endorsement dated 21.10.2017, it is seen that quarrying lease application made on 01.04.2016 has been rejected under Rule 8(1)(b) of the Karnataka Minor Minerals Concession (Amendment) Rules, 2016.
In view of the same, this petition is disposed of with liberty to the petitioner to challenge the endorsement dated 21.10.2017, if so advised.
Sd/-
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