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. 6610 OF 2019 (GM-MM/S) BETWEEN:
SRI KOIKKARA PAPPU ROY AGED ABOUT 55 YEARS, S/O K P PAPPU R/AT NO.8/24/2, RAGIDA KUMERU, NITTE VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 110 REPRESENTED BY HIS GPA HOLDER SRI LAL KOIKKARA PAPPU AGED ABOUT 50 YEARS, S/O K P PAPPU R/AT NO. 8/24/2, RAGIDA KUMERU, NITTE VILLAGE, KARKALA TALUK, UDUPI DISTRICT - 574 110.
(BY SRI. D. L. N. RAO, SR. ADV. FOR SMT. MAMATHA ROY, ADV.) AND 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, VIDHANA SOUDHA, ... PETITIONER BENGALURU-560 001.
2. THE SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001.
3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, NO.49, RACE COURSE ROAD, KHANIJA BHAVANA, BENGALURU-560 001.
4. DISTRICT TASK FORCE COMMITTEE REP THE DEPUTY COMMISSIONER, BEING THE CHAIRMAN, UDUPI DISTRICT, UDUPI-576 104.
5. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, RAJATHADRI "A" BLOCK, MANIPAL, UDUPI DISTRICT, UDUPI-576 104.
... RESPONDENTS (BY SRI. VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.01.2018 PASSED BY THE R-5 VIDE ANNEXURE-L; DIRECT THE R-5 TO ISSUE MINERAL DISPATCH PERMIT TO THE PETITIONER TO TRANSPORT THE MINERALS EXTRACTED FROM 3 ACRES OF LAND IN SY.NO.544 IN TERMS OF THE LEASE DEED DOCUMENT NO.89 EXECUTED ON 18.09.2018 PER ANNEXURE-B, PURSUANT TO THE GRANT OF DEEMED EXTENSION AS PER ORDER DATED 12.09.2018 PASSED BY THE R-5 AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER On the basis of the report made by the Lokayukta, petitioner was directed to stop quarrying operation and called upon to submit his reply to notice dated 20.01.2018.
2. Learned counsel for the petitioner submits that though petitioner has submitted his reply on 16.02.2018, the same has not been considered.
3. Learned HCGP submits that during pendency of this petition, impugned notice at Annexure-L dated 20.01.2018 has been withdrawn and therefore, nothing survives for consideration in this writ petition.
4. Submission of the learned HCGP is placed on record. In view of withdrawal of the impugned notice at Annexure-L dated 20.01.2018, this writ petition has become infructuous and it is accordingly dismissed.
As prayed for by the learned advocate for the petitioner, respondents are directed to consider petitioner’s request for issue of mineral dispatch permit in accordance with law.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VP