IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 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. 100 OF 2019 (GM-MM/S) BETWEEN:
SRI NAVIN S @ NAVIN T. S. S/O N. R. SIDDA NANJAIAH AGED ABOUT 36 YEARS, FORT ROAD, THYAMANAGONDALU NELMANGALA TALUK BENGALURU-560001 (BY SRI. SUDEEP BANGERA, ADV.) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. PRINCIPAL SECRETARY TO GOVERNEMNT ... PETITIONER DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU-560 001 3. DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA, RACE COURSE ROAD BENGALURU-560 001 4. ADDITIONAL CHIEF SECRETARY AND CHAIRMAN RULE 11 COMMITTEE CONSTITUTED UNDER KMCC RULES 1994 VIDHANA SOUDHA BENGALURU-560 001 5. CHAIRMAN AND DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT TASK FORCE (MINES) COMMITTEE BENGALURU-560 001 ... RESPONDENTS (BY SRI. VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ENDORSEMENT DTD:20.6.2017 ISSUED BY R-3 DIRECTOR AT ANNEXURE-"B" IN RESPECT OF QUARRY LEASE APPLICATION DTD:18.8.2009 SEEKING TO GRANT/EXECUTE A QUARRY LEASE TO EXTRACT ORNAMNETAL STONES IN GOVERNMENT REVENUE LAND BEARING SY NO.79 OF KENGAL VILLAGE, NELAMANGALA TALUK, BANGALORE RURAL DISRICT OVER AN AREA OF 5-10 ACRES; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P. S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Petitioner, in this writ petition, has challenged the endorsement dated 20.06.2017 said to have been obtained under the provisions of the Right to Information Act.
2. On 18.08.2009, the petitioner submitted an application for grant of quarry lease for quarrying ornamental stone. His application has been rejected by endorsement dated 20.06.2017 (Annexure-B), a copy of which he claims to have obtained under the provisions of the Right to Information Act. He has challenged the said endorsement before this Court seeking a direction to quash the same and to direct the respondents to grant quarry lease.
3. Sri Sudeep Bangera, learned advocate for the petitioner submits that onus was upon the respondents to obtain necessary ‘no objection certificates’ and thereafter to grant quarry lease.
4. List of dates and events show that except making an application on 18.08.2009, till the date of filing of the present petition on 02.01.2019, petitioner has slept over the matter for nearly 10 years. Admittedly, with effect from 12.08.2016, by virtue of Rule 8(1)(b) of Karnataka Minor Minerals Concession (Amendment Rules) 2016, all applications stood rejected by operation of law except such applications in respect of which ‘no objections’ were received before commencement of the Rules. No material is placed before this Court to show that the said clearances were received.
5. Further, no reasons are forthcoming for the delay of ten years in filing this petition after submitting the application. Hence, we find no grounds to entertain this petition.
6. Resultantly, this petition fails and it is accordingly dismissed. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VP