IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH 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 NO.14405 OF 2019 (GM-MM-S) BETWEEN:
SRI N. SURESH AGED ABOUT 40 YEARS S/O S.T. NARAYANAPPA, R/AT LAGGERE, BANGALORE NORTH, BANGALORE-560058 ... PETITIONER (BY SRI PRAKASH B S, ADV.) AND:
1.THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES) VIKASA SOUDHA BANGALORE-560 001 2.THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA, R.C.ROAD BANGALORE-560 001 3.THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY DEPUTY COMMISSIONER AND DISTRICT OFFICES COMPLEX,SIDLAGHATTA ROAD CHIKKABALLAPURA-562101 ... RESPONDENTS (BY SRI BHANUPRAKASH V.G. AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 18.12.2006 SUBMITTED TO THE R-3 OR GRANT OF QUARRY LEASE FOR QUARRYING BUILDING STONE WHICH IS CLASSIFIED AS NON-SPECIFIED MINOR MINERAL OVER ANE XTENT OF 2.00 ACRE IN SURVEY NO.114 OF NANDANAGANAHALLI VILLAGE, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT AND THE SAME PRODUCED AS ANNEXURE-'A' WITHIN A TIME FRAME FILED BY THE PETITIONER FOR GRANT OF QUARRY LEASE IN RESPECT OF THE SCHEDULE PROPERTY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard Shri Prakash B.S., learned advocate for petitioner and Shri. V.G.Bhanuprakash, learned AGA for the State.
2. Petitioner submitted an application for grant of building quarrying lease/licence for quarrying ordinary building stone on 18.12.2006. The respondents have not considered the said application. Hence, he has filed the instant petition on 28.03.2019 with a prayer to issue writ of mandamus directing the respondents to consider his application.
3. Shri. V.G.Bhanu prakash, learned AGA for the State submits that the application is liable to be dismissed on the ground of delay and laches. He further contended that by virtue of the amendment of the Karnataka Minor Mineral Concession Rules, 1994, under Rule 8(1)(b) with effect from 12.08.2016, the application stood ineligible for consideration.
4. We see force in the argument of Shri. V.G.Bhanuprakash, learned AGA for the State. Petitioner having filed the application in the year 2006 has slept over the matter for thirteen years. In the circumstances, there are no grounds to entertain this writ petition. Hence, petition stands dismissed.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR