IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NOS. 54183-54185/2018 (GM-MM-S) BETWEEN SRI MAHADEVAIAH S/O LATE DODDALINGAIAH AGED ABOUT 43 YEARS CHANNASANDRA VILLAGE KASABA HOBLI, MADDUR TALUK MANDYA DISTRICT ... PETITIONER (BY SMT. B V VIDYULATHA, ADVOCATE) AND 1.STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MSME, MINES AND TEXTILE) VIKASA SOUDHA, DR.AMBEDKAR VEEDHI BANGALORE-560001 2.DIRECTOR DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA RACE COURSE ROAD BANGALORE-560001 3.DEPUTY DIRECTOR (MINERAL ADMINISTRATION) DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA RACE COURSE ROAD BANGALORE-560001.
4.SENIOR GEOLOGIST (MINES) DEPARTMENT OF MINES AND GEOLOGY MINERAL DEPARTMENT VIDYANAGARA I CROSS MANDYA DISTRICT-571401 ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 05.04.2018 ISSUED BY RESPONDENT NO.3 AT ANNEXURE-J AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER These writ petitions are filed seeking a direction to respondents No.3 and 4 to permit petitioner to extract and transport stones and boulders found in patta land measuring 38 guntas in Survey Nos.623/2, 623/3 and 624/1 of Maddur Village, Kasaba Hobli, Maddur Taluk, in accordance with Rule 3-A(b) of the Karnataka Minor Mineral Concession Rules, 1994.
2. Smt. B.V.Vidyulatha, learned advocate for the petitioner submits that rocks and boulders are found in petitioner’s patta land and he desires to use the land for agricultural purpose. She further submits that authorities are refusing to grant mineral dispatch permit and prays that respondents may be directed to issue mineral dispatch permits.
3. Shri V.G.Bhanuprakash, learned Additional Government Advocate for the State submits that as per the Integrated Lease Management System, mineral dispatch permit was not granted to the petitioner since quantity of stones found is quite large.
4. Admittedly, the land in question is petitioner’s patta land and he desires to use it for agricultural purpose. The exact quantity of stones available and whether it comes under the Integrated Lease Management System is not placed before the Court. In the circumstances, we direct respondents No.3 and 4 to consider petitioner’s request and grant mineral dispatch permit to facilitate him to remove stones from the aforementioned survey numbers, within eight weeks from the date of receipt of a copy of this order.
With these observations, the petitions stand disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE bkv