IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 33977 OF 2017 (GM-MM-S) BETWEEN SRI K V UMASHANKAR AGED ABOUT 45 YEARS R/AT KARIGOWDANAHALLI VILLAGE, URGAHALLI VILLAGE, RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 109.
(BY Ms.LUBNA FAIROZ, ADVOCATE FOR SRI BADARI VISHAL, ADVOCATE) ... PETITIONER AND 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE BANGALORE-560 001 2. THE DIRECTOR OF MINES AND GEOLOGY GOVERNMENT OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD, BANGALORE-560 001 3. DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY RAMANAGARA DISTRICT RAMANAGARA-562 159 4. THE COMPETENT AUTHORITY AND JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY RAMANAGARA DISTRICT RAMANAGARA-562 159.
... 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 DIRECT THE R-4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD.13.3.2017 AT ANNEX-D AND EXTEND THE LEASE/ LICENSE ISSUED TO THE PETITIONER BY ANOTHER PERIOD OF TWENTY YEARS I.E., FROM 25.5.2010 W.E.F.09.12.2008 TO 08.12.2028 IN THE LIGHT OF RULE 8-A(2) OF KARNATAKA MINOR MINERAL CONCESSION [AMENDMENT] RULES, 2016.
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 the respondents.
3. The writ petitioner was a lessee for extraction of building stone, which is a non-specified minor mineral.
4. There has been an amendment to the Karnataka Minor Mineral Concession Rules by the Karnataka Minor Mineral Concession (Amendment) Rules 2016. By virtue of such amendment, it has been provided that all quarry leases or licenses granted before the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, shall be deemed to have been granted for a period of 30 (thirty) years in respect of specified minor minerals and for a period of 20 (twenty) years in respect of non-specified minor minerals.
5. The writ petitioner is extracting building stone, which is a non-specified minor mineral. Therefore, under the amended provision, he is entitled for the extension of lease for a period of 20 (twenty) years.
6. We, therefore, allow the writ petition and direct the authorities to grant a formal document permitting the writ petitioner to continue with the quarrying operations in the leasehold land in terms of the amended Rules, by two months.
7. The authorities shall not interfere with the running of the quarrying operations by the writ petitioner.
8. There will be no order as to costs Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*