IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NOS.55707/2018, 55708/2018, 55998/2018, 56244/2018 AND 57173/2018 (GM-MM-S) IN W.P.NO.55707/2018 BETWEEN SRI.R.K. SUNIL KUMAR S/O R. KRISHNAMURTHY AGED ABOUT 33 YEARS, R/AT BANGARAKKANAHALLI, CHITRADURGA TALUK, CHITRADURGA DISTRICT-577 517 (BY SRI PRAKASH B.S., ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, COMMERCE & INDUSTRIES DEPARTMENT, (MSME & MINES) VIKASA SOUDHA, BANGALORE-560 001 2. THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA, R.C. ROAD, BANGALORE-560 001 ... PETITIONER 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY CHIKKAMAGALUR-577 101 (BY SRI VIKRAM HUILGOL, HCGP) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DTD. 26.10.2016 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES & GEOLOGY, CHICKAMAGALUR, REJECTING THE APPLICATION OF THE PETITIONER FOR GRANT OF QUARRY LEASE FOR QUARRYING BUILDING STONE OVER AN EXTENT OF 3.00 ACRES IN SY.NO.118 MALLESHWARA VILLAGE, KADUR TALUK, CHICKAMAGALUR DISTRICT. COPY OF THE ENDORSEMENT DTD. 26.10.2016 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES & GEOLOGY, CHIKKABALLAPUR HAS BEEN PRODUCED AT ANNEXURE-‘A’.
IN W.P.NO.55708/2018 BETWEEN SRI. R.K.SUNIL KUMAR S/O R. KRISHNAMURTHY AGED ABOUT 33 YEARS, R/AT BANGARAKKANAHALLI, CHITRADURGA TALUK, CHITRADURGA DISTRICT-577 517 (BY SRI PRAKASH B.S., ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, COMMERCE & INDUSTRIES DEPARTMENT, (MSME & MINES) VIKASA SOUDHA, BANGALORE-560 001 2. THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA, R.C. ROAD, BANGALORE-560 001 ... PETITIONER 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY CHIKKAMAGALUR-577 101 (BY SRI VIKRAM HUILGOL, HCGP) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 26.10.2016 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, CHICKAMAGALURU REJECTING THE APPLICATION OF THE PETITIONER FOR GRANT OF QUARRY LEASE FOR QUARRYING BUILDING STONE OVER AN EXTENT OF 5.00 ACRES IN SY.NO. 118 MALLESHWARA VILLAGE, KADUR TALUK, CHICKAMAGALUR DISTRICT COPY OF ENDORSEMENT DATED 26.10.2016 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPUR VIDE ANNEXURE-A & ETC.
IN W.P.NO.55998/2018 BETWEEN SRI V.M. NARASIMAREDDY AGED ABOUT 47 YEARS, S/O MADDAREDDY, RESIDING AT VEERARAVUTHANAHALLI, SOMESHWARA POST, GUDIBANDE TALUK, CHIKKABALLAPUR DISTRICT-561209.
(BY SRI PRAKASH B.S., ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, COMMERCE & INDUSTRIES DEPARTMENT, (MSME & MINES) VIKASA SOUDHA, BANGALORE-560001.
2. THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, ... PETITIONER KHANIJA BHAVANA, R.C. ROAD, BANGALORE-560001.
3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY, DEPUTY COMMISSIONER & DISTRICT OFFICES COMPLEX, SIDLAGHATTA ROAD, CHIKKABALLAPURA-562101.
(BY SRI VIKRAM HUILGOL, HCGP) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 14.07.2017 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPUR REJECTING THE APPLICATION OF THE PETITIONER FOR GRANT OF QUARRY LEASE FOR QUARRYING BUILDING STONE OVER AN EXTENT OF 4.00 ACRES IN SY.NO. 32 OF SABBANAHALLI VILLAGE, GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT COPY OF ENDORSEMENT DATED 14.07.2017 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPUR VIDE ANNEXURE-‘A’ & ETC.
IN W.P.NO.56244/2018 BETWEEN J.K. SAGAR @ MANJU AGED ABOUT 27 YEARS S/O J.M. KRISHNEGOWDA GOLLARAHALLI GRAMA KANTHAPURA POST, NAGAMANGALA TALUK MANDYA - 571432 (BY SRI JAYANTH V., ADVOCATE) ... PETITIONER AND 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (MSME & MINES) VIKASA SOUDHA BANGALORE - 560001 2. DIRECTOR / COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN R.C. ROAD, BANGALORE - 560001 3. SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY OFFICE OF THE SENIOR GEOLOGIST VIDYANAGAR 1ST CROSS, MANDYA - 571401 (BY SRI V.G. BHANUPRAKASH, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DTD. 21.11.2017 (ALSO MENTIONED AS 22.11.2017) ISSUED BY R-3 (i.e, ANNX-A) AS BEING VIOLATIVE OF ARTICLE 14 AND 19 (1) (g) OF THE CONSTITUTION OF INDIA & ETC.
IN W.P.NO.57173/2018 BETWEEN SRI K.M. MANOJ S/O. SRI K.G. MANJUNATH, AGED ABOUT 26 YEARS, R/AT. NO.155, SRI SAI KRUPA, GEOLOGY LAYOUT, BESIDE OM YOGA, DEEPA COMPLEX MAIN ROAD, NAGARABHAVI 2ND STAGE, BENGALURU-560072.
... PETITIONER (BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VIDHI, BENGALURU-560001.
2. THE SECRETARY COMMERCE AND INDUSTRIES, DEPARTMENT OF COMMERCE (MINES) VIKASA SOUDHA, BENGALURU-560001.
3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560001.
4. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, SOUTH DIVISION, MYSORE-570001.
5. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, RAMANAGARA DISTRICT-577511.
... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016 DATED 12.08.2016, AS PER ANNEXURE-D, IN SO FAR AS RULE 8B(1) IS UNCONSTITUTIONAL, NULL AND VOID AND SAME TO BE STRUCK DOWN & ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER These petitions involving similar and akin issues have been considered together and are taken up for final disposal at this stage itself by way of this common order.
Learned counsel for the petitioner in W.P.No.57173/2018 has moved a memo that he is not pressing on the challenge to the validity of Rule 8B(1) of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.
Though it is pointed out that in W.P.No.57173/2018 the petitioner has chosen to prefer a revision petition challenging the impugned endorsement dated 18.01.2017, the same was dismissed as being barred by time. Be that as it may, having regard to the circumstances of the case and the orders passed in similar nature petitions, we are clearly of the view that the petitioner is entitled to the same relief as allowed in the other similarly circumstanced cases.
It is not in dispute that several similar nature writ petitions have been considered and allowed by this Court, either while disapproving the similar endorsements/orders and restoring the applications for reconsideration or while requiring the pending applications to be considered in accordance with law, including a batch of writ petitions led by W.P.No.43235/2017, decided on 11.04.2018, wherein this Court has, inter alia, observed as under:
“In the order dated 24.10.2017 in W.P.No.44260/2017, this Court has taken note of the provisions contained in the amended Rule 8-B of the Rules and has also taken note of the candid submissions of the learned Additional Government Advocate as under:-
“5. Learned Additional Government Advocate submits that this Court in Writ Petition No.25421/2017 (DD 04.07.2017) and in several other matters has held that applications as that of the petitioner do not become ineligible if the application was received by the Competent Authority before 16.06.2015 and further, it is held that it is the responsibility of the Competent Authority to consult the authorities referred to in Rule 8(5) of the Rules and to obtain the certificates and reports referred to therein. He further submits that the application of the petitioner was received by the Competent Authority before 16.06.2015.”
This Court has also considered the earlier orders passed in the matters and has allowed W.P.No.60155/2016 by the order dated 22.03.2018, while observing as under:
“Having regard to the submissions made, this petition stands disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions to the authorities of the Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs.”
The proposition aforesaid, for all practical purposes, apply to these cases too. This Court has repeatedly observed that it was the responsibility of the concerned authority/authorities to obtain the clearances and technical reports; and for their omissions, the applications could not have been rejected. We find no reason to take any different view of the matter.
Accordingly, all these petitions stand disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deeds within four weeks from the date of production of the certified copy of this order.
No costs.”
The position aforesaid applies to the present cases too.
Accordingly, these writ petitions are also disposed of at this stage itself while disapproving the impugned endorsements/orders, if made in rejection of the application of the writ petitioners and with the requirement that the authorities concerned shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB