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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.52816 OF 2018 (GM-MM-S) BETWEEN:
SRI PRADEEP S. WODEYAR S/O SRI SOMASHEKAR WODEYAR AGED ABOUT 55 YEARS R/AT NO.26, VEERABHADRESHWARA KRUPA 2ND MAIN, DWARAKA NAGAR CHANDRA LAYOUT BANGALORE – 560 072.
... PETITIONER (BY SRI L.M. CHIDANANDAYYA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE & INDUSTRIES DEPT. (SSI, MINES & TEXTILES) VIKASA SOUDHA BANGALORE – 560 001.
2. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY, - 2 -
KHANIJA BHAVAN BANGALORE – 560 001.
3. DISTRICT TASK FORCE COMMITTEE REPRESENTED BY ITS CHAIRMAN AND DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR – 577 101.
4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY TUMKUR DISTRICT TUMKUR – 577 101.
...RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE RESOLUTION OF THE RESPONDENT NO.3 DATED 21.02.2017, 28.02.2017, 07.03.2017, 14.03.2017, 23.03.2017, 04.04.2017, 17.04.2017, 20.04.2017, 07.06.2017 AND 15.06.2017 VIDE ANNEXURE-A AND ORDER/PROCEEDINGS PASSED BY THE RESPONDENT NO.4 DATED 01.10.2018/3826 TO 3829 DATED 10.10.2018 VIDE ANNEXURE-B AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER By way of this writ petition, the petitioner seeks to challenge the order 10.10.2018, as passed by the respondent No.4, whereby the application filed by him for grant of quarrying lease for building stone in respect of the land bearing Sy.No.162 measuring 20 acres situated at Chinakavajra Village, Madhugiri Taluk, Tumkur District, has been rejected with the following observations and order:
“That the Quarry Lease Application filed by Sri. Pradeep S. Wodeyar dated 11.06.2014 bearing Q.L. No. 19/2014-15 in respect of Sy. No. 162.00 measuring 20-00 Acres of Chinakavajra Village, Madhugiri Taluk, Tumkur Dist is Government Gomal land and non availability of excess gomal land and the application area comes within 540 meter from the boundary of Thimlapura Wildlife Sanctuary, there is no provision under the Rules to grant quarry lease and therefore passed the following order:
ORDER
No. GabuE/Unitu/KagaguA-19/2014- 15/2018-19/ Date: 01.10.2018/3826 to 3829 10 OCT 2018 As explained in Preamble in exercise of powers conferred under Government Notification No. CI 277 MMN 2016 (2) dated 21.09.2016, I, Sri. T. Mahantensha Deputy Director, passed an order that the Application bearing No. 19/2014-15 filed by Sri. Pradeep - 4 -
S. Wodeyar seeking grant of Quarry Lease for building stone filed on 11.06.2014 in respect of the land bearing Sy.No. 162 measuring 20-00 Acres of Chinakavajra Village, Madhugiri Taluk, Tumkur Dist is herby rejected.”
(underlining supplied) It has also been indicated in the order impugned that availability of gomal land in the village is inadequate.
Heard learned counsel for the petitioner as also learned High Court Government Pleader and perused the material placed on record.
In view of the aforesaid order as also the order passed by the Hon’ble Supreme Court in T.N.Godavarman Thirumulpad v. Union of India & Ors. : Writ Petition (Civil) No.202/1995 dated 11.12.2018, we are not inclined to entertain this petition, particularly when it is noticed that Thimlapura Sanctuary has been one of the Wildlife Sanctuaries taken into consideration by the Supreme Court and specific direction has been issued that an area of 10 kms. around the said sanctuary be declared as Eco Sensitive Zone by the MoEF.
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In view of the above, we find no reason to consider interference in this petition.
The petition stands dismissed.
Sd/- CHIEF JUSTICE Sd/- JUDGE ca