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.26744 OF 2017 (GM-MM-S) Between:
Sri.K.Mohan Kumar S/o Late V.Kesavalu Naidu Aged about 41 years Partner/Proprietor M/s. Buvaneshwari Industries No.84th Cross, I.T.I. Colony Vivekananda Nagar Kathraguppe Main Road B.S.K., Bengaluru – 560 085 ... Petitioner (By Sri.M.Keshava Reddy, Advocate) And:
1. The Govt. of Karnataka Rep. by Principal Secretary Dept. of Commerce and Industries Vikasa Soudha Bengaluru – 560 001 2. The Director of Mines and Geology Govt. of Karnataka Khanija Bhavan Race Course Road Bengaluru – 560 001 3. The Competent Authority and Deputy Director Dept. of Mines & Geology No.2652/2667 Railway Station Road Gandhi Nagar Tumkuru – 572 102 4. The District Task Force Committee Represented by its Member Secretary and Deputy Director Dept. of Mines & Geology No.2652/2667 Railway Station Road Gandhi Nagar Tumkuru – 572 102 ... Respondents (By Sri.V.G.Bhanuprakash, Additional Government Advocate) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that the application of the petitioner vide Annexure-A to the writ petition which is numbered as QLA70/2014-15 dated 22.08.2014 is saved under Rule 8-B of the K.M.M.C. Rules and direct the respondent No.3 to grant the quarry lease as per un-amended provisions and etc.
This petition coming on for preliminary hearing this day, the Chief Justice made the following:
ORDER Issue notice to the respondents.
Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice to the respondents is dispensed with.
2. The writ petitioner is aggrieved, as his application for quarrying lease dated August 22, 2014, was not considered by the authorities.
3. Admittedly, the application was filed prior to the coming into force of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.
4. The authorities were, therefore, not right in keeping the application pending.
5. It is submitted that the forest clearance and technical report have been received for grant of the quarrying lease.
6. We direct the revenue authorities to give its opinion within a period of six weeks and after receipt of the opinion from the Revenue Department, the Deputy Commissioner, Tumakuru, who is, also, the chairman of the District Task Force Committee, to convene a meeting and to consider the said application of the writ petitioner in accordance with law, within one month, thereafter.
7. The writ petition stands disposed of.
8. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB