IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.44600 OF 2017 (GM-MM-S) BETWEEN SRI M SURESH S/O MURTHY NAIDU RESIDING AT HASAMANE N M C CIRCLE BADRAVATHI TOWN SHIMOGA DISTRICT 577301 (BY SRI GANAPATHI, ADVOCATE) ... PETITIONER AND 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVT DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU BENGALURU 560001 2. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU 560001 3. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY CHIKKAMANGALORE 577101 4. THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE CHIKKAMAGALORE DISTRICT, CHIKKAMANGALORE 577201 ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 TO COMMUNICATE TO R-3 SENIOR GEOLOGIST TO FORTHWITH PROCESS THE QUARRYING LEASE APPLICATION DTD.25.7.2014 FILED BY THIS PETITIONER VIDE ANNEX-A, FOR HAVING RECEIVED/ OBTAINED DEEMED TECHNICAL REPORT, THEREBY IMMEDIATELY GRANT THE CONDITIONAL QUARRYING LEASE TO EXTRACT ORDINARY BUILDING STONES IN GOVT. LAND BEARING SY.NO.26 OF H.THIMMAPURA VILLAGE TARIKERE TALUKA IN CHIKKAMANGALORE OVER AN AREA OF 2-00 ACRES, FOR A PERIOD OF 5 YEARS, IN TERMS OF NEWLY AMENDED RULE 8(6) EFFECTIVE FROM 12.8.2016,; TO CONSEQUENTLY QUASH THE ENDORSEMENT DTD.22.10.2016 BY R-3 VIDE ANNEX-C BY ISSUING THE WRIT IN THE NATURE OF CERTIORARI.
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 all the respondents. Therefore, formal service of notice to them is dispensed with.
3. The application of the writ petitioner was rejected by an endorsement dated October 22, 2016, on the ground that the application was barred under the provisions of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.
4. Mr.Ganapathi, learned advocate appearing for the writ petitioner, informs that the revenue and the forest clearances are obtained.
5. As the application for quarrying lease was submitted on July 25, 2014, that is, prior to the coming into operation of the amended provisions of law, we are of the opinion that the endorsement dated October 22, 2016, cannot sustain.
6. The endorsement being Annexure-C dated October 22, 2016, is set aside and the authorities are directed to consider the application of the writ petitioner for execution of quarrying lease in accordance with law, with reference to the revenue and the forest clearance, within a period of six weeks from the date of communication of this order.
7. The writ petition stands disposed of.
8. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*