IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 37528 OF 2017 (GM-MM-S) BETWEEN M/s SRI HARI CONSTRUCTION HARISTALA VILLAGE CHIKKAPAYALAGURAKI POST, CHIKKABALLAPURA TALUK & DISTRICT 562105 REPRESENTED BY ITS PARTNER SRI H G GIRISH, AGED 35 YEARS, S/O H V CHIKKAGERIGIREDDY.
... PETITIONER (BY SRI SHIVA KUMAR K.B, ADVOCATE) AND 1. THE SECRETARY DEPARTMENT OF INDUSTRIES & COMMERCE VIKASA SOUDHA BENGALURU 560001 2. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU 560001 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU 560001 4. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRCT CHIKKABALLAPURA 562105 5. THE DEPUTY CONSERVATOR OF FOREST CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA 562105 6. THE DISTRICT TASK FORCE (MINES) COMMITTEE OFFICE OF THE DEPUTY COMMISSIONER CHIKKABALLAPURA 562105.
... 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 ANNEX-A DTD.13.7.2017 PASSED BY THE R-3, TO DIRECT THE R-2 TO GRANT THE QUARRYING LEASE SUBJECT TO SUCH OTHER CONDITIONS AS MAY BE SPECIFIED AS ENVISAGED UNDER SUB-RULE (7) OF RULE 8 OF THE KARNATAKA MINOR MINERAL CONCESSION RULES (AMENDMENT) RULES 2016, WITH REFERENCE TO ANNEX-B DTD.25.5.2013, AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Issue notice to the respondents.
2. Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice to them is dispensed with.
3. The application of the writ petitioner was rejected by an endorsement dated July 13, 2017, on the ground that the application was barred under the provisions of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.
4. As the application for quarrying lease was submitted on May 25, 2013, that is, prior to the coming into operation of the amended provisions of law, we are of the opinion that the endorsement dated July 13, 2017, cannot sustain.
5. The endorsement, being Annexure-A, dated July 13, 2017, is set aside and the authorities are directed to reconsider the application of the writ petitioner for grant of quarrying lease in the background of amended Rule 8(6) of the Karnataka Minor Mineral Concession Rules, 1994, within a period of six weeks from the date of communication of this order.
6. The writ petition stands disposed of.
7. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*