IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.32083/2009 (GM-MM-S) BETWEEN 1. SRI MALLIKARJUNGOUDA D. PATIL S/O SRI D G PATIL AGED ABOUT 25 YEARS R/O LAKKIHALA VILLAGE LINGASAGUR TALUK RAICHUR DISTRICT 2. SRI MAHANTESH B. PATIL S/O SRI BASANAGOUDA PATIL AGED ABOUT 27 YEARS R/O BOGAPUR VILLAGE LINGASAGUR TALUK RAICHUR DISTRICT ... PETITIONERS (BY SRI K.N. PHANINDRA, SENIOR COUNSEL FOR SMT. VAISHALI HEGDE, ADVOCATE) AND 1. STATE OF KARNATAKA REP BY ITS SECRETARY (MINES) DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA 1ST FLOOR, DR. AMBEDKAR ROAD BANGALORE – 560 001 2. THE DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, 5TH FLOOR RACE COURSE ROAD BANGALORE–560 001 3. MYSORE MINERALS LTD.
(GOVERNMENT OF KARNATAKA UNDERTAKING) REPRESENTED BY ITS MANAGING DIRECTOR NO.39, MAHATMA GANDHI ROAD BANGALORE – 560 001 ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA FOR R-1 & 2; SRI M.K. GIRISH, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHORT TERM TENDER NOTICE DATED 12.10.2009 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE ‘B’ INSOFAR IT RELATES TO THE AREA MENTIONED AT SL.NO.VI IN ANNEXURE-1 TO THE SHORT TENDER NOTICE RELATING TO AN EXTENT OF LAND MEASURING 80 ACRES IN MUDUGAL GRANITE QUARRY, LINGASAGUR TALUK, RAICHUR DISTRICT AND ETC.
THIS WRIT PETITION COMING ON FOR FINAL HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned Senior Counsel appearing for the petitioners, the learned Additional Government Advocate appearing for the first and second respondents and the learned counsel appearing for the third respondent.
2. There is no dispute that only prayer (ii) survives for consideration. By notification dated 10/25th February 2004, the State Government passed an order granting quarry lease for quarrying grey granite to the third respondent.
3. Admittedly, a lease deed has not been executed in terms of the said notification. Therefore, sub-rule (1) of Rule 18 of the Karnataka Minor Mineral Concession Rules, 1994, as applicable at the relevant time, will apply. As lease deed has not been executed within three months from the date of the notification, the notification impugned shall be deemed to have been revoked.
4. Subject to what is observed above, the writ petition is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv