IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 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. 6989 OF 2019 (GM-MM/S) BETWEEN:
SRI HARISH KUMAR P S S/O LATE SHIVALINGAIAH, AGED ABOUT 32 YEARS R/AT NO.63, NEAR NAMADARI SEEDS, PUTTIRAMMANADODDI VILLAGE, BIDADI HOBLI, RAMANAGARAM DISTRICT-562 109 (BY SRI. NAVEEN CHANDRA N., ADV.) AND 1. THE STATE OF KARNATAKA ... PETITIONER REPRESENTED BY ITS PRINCIPAL SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT, (S S I,MINES & TEXTILES) VIKASA SOUDHA, BENGALURU-560 001 2. THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-560 001 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY KANDAAYA BHAVANA, (D. C. OFFICE BUILDING) RAMANAGARAM-562 127 (BY SRI. BHANUPRAKASH V. G., AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R-3 WITH REGARD TO THE GRANT OF QUARRY LEASE VIDE NOTIFICATION DATED: 13.10.2017 AT ANNEXURE-A GRANTING QUARRYING LEASE OVER AN EXTENT OF 4.00 ACRES AND THEIR RELATED DOCUMENTS AND DIRECT THE R-3 TO EXECUTE THE QUARRYING LEASE DEED WITHIN A TIME FRAME IN FAVOUR OF THE PETITIONER IN RESPECT OF THE QUARRY LEASE GRANTED VIDE NOTIFICATION DATED: 13.10.2017 AT ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER By a notification dated 13.10.2017, respondents have granted quarrying lease in favour of petitioner for quarrying building stone (M-Sand) over an area of 4 acres of Government gomal land in Sy.No.13 of Kottagarahalli Village, Magadi Taluk, Ramanagar District.
2. Sri Naveen Chandra N., learned Advocate for the petitioner submits that by notice dated 03.08.2018, petitioner was called upon to deposit certain sum being arrears of royalty and within two days therefrom, he has deposited the said amount. However, the lease deed was not executed pursuant to the notification as per Annexure-A.
3. Learned Advocate also submits that petitioner has given representation dated 20.11.2018(Annexure-F) to 3rd respondent requesting for execution of lease deed and prays that 3rd respondent may be directed to execute the quarrying lease.
4. Sri V. G. Bhanuprakash, learned Additional Government Advocate submits that if sometime is granted, petitioner’s representation will be considered and suitable orders passed. His submission is placed on record.
5. In the circumstances, this writ petition is disposed of with a direction to the respondents to consider petitioner’s representation dated 20.11.2018 (Annexure-F) within four weeks from the date of receipt of a copy of this order and pass appropriate orders thereon.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VP