IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 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 25778 OF 2018 (GM-MMS) BETWEEN SRI. L. ANWAR S/O. SRI ABDUL LATHIF AGED ABOUT 59 YEARS R/AT NEAR SNM SCHOOL ANDERSON PET, KGF KOLAR DISTRICT-563 113 ... PETITIONER (BY SHRI SRINIVASA K. N. ADV.) AND 1.THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001.
2.THE SECRETARY TO GOVERNMENT DEPT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU-560 001 3.THE DIRECTOR / COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560 001 4.THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY DISTRICT OFFICE, 2ND FLOOR SIDLAGHATTA ROAD CHIKKABALLAPURA CHIKKABALLAPURA DISTRICT-562 101 (BY SHRI V G BHANUPRAKASH, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 21.02.2018 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-A AND DIRECT THE RESPONDENTS TO RE-CONSIDER THE REQUEST OF THE PETITIONER FOR REVIVAL OF THE LAPSED LEASE ML NO.2466 AND ETC.
*** THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard Shri Srinivasa K.N., learned advocate for petitioner and Shri. V.G.Bhanuprakash, learned AGA for the State.
2. Petitioner was granted mining lease to extract Feldspar & Quartz minerals on 11.10.2004 for a period of 20 years. It appears petitioner has not operated the mine during 2009-10 and 2010-11. In this regard, Respondent- State issued a show cause notice to the petitioner on 08.02.2012. Since there was no reply from the petitioner, by order dated 03.01.2014, the mining lease has been cancelled.
3. The petitioner in his representation dated 27.09.2016 requested respondent No.4 to review the order and to grant the lease. Respondent No.4-Senior Geologist, by order dated 28.12.2016 rejected the said representation. After approaching different authorities, finally the petitioner approached the Addl.Secretary, State Government. The Addl. Secretary by order dated 21.02.2018 has rejected petitioner’s request for revival of mining lease. Hence, this writ petition.
4. Shri Srininvasa K.N. learned advocate for the petitioner submits that before passing first order of canceling the mining lease, no notice was served on the petitioner. No material is placed before this Court to show that notice was served on the petitioner.
5. In the circumstances, order dated 03.01.2014 and all subsequent orders are vitiated and they are accordingly set aside.
We dispose of this writ petition granting liberty to the petitioner to file a comprehensive representation within two weeks from today. If such representation is filed, respondents shall consider the same and pass appropriate orders within eight weeks there from.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR