IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31st DAY OF JULY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.11938 OF 2017 (GM-MMS) BETWEEN :
SRI.S.B.ANANDA S/O SRI.BHEEMAIAH AGE: 38 YEARS BEHIND GAURDIAN ANGAL SCHOOL ESHWARA LAYOUT MADEHALLI POST CHITRADURGA – 577 501 ... PETITIONER (BY MR.V.GANAPATHY BHAT, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR.B.R.AMBEDKAR VIDHI BENGALURU – 560 001 2. THE SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT OF COMMERCE (MINES) VIKASA SOUDHA BENGALURU – 560 001 3. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT TASK FORCE COMMITTEE (MINES) CHITRADURGA – 577 501 4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHITRADURGA – 577 501 5. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 ... RESPONDENTS (BY MR.V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned endorsement dated 18.2.2017, issued by the R4 vide Ann-G, and etc.
This petition coming on for Orders this day, THE CHIEF JUSTICE made the following:
ORDERS ON IA NO.1 OF 2017 Mr.Ganapathy Bhat V, learned advocate appearing in support of the application for amendment, submits that he is not pressing the application for amendment.
As prayed for, the application for amendment is dismissed as not pressed.
There will be no order as to costs.
ORDERS 2. Mr.V.G.Bhanuprakash, learned additional government advocate appears for the respondents.
3. Mr.Ganapathy Bhat V., learned advocate appearing for the writ petitioner, submits that the writ petitioner had applied for quarrying lease on September 16, 2015, that is, before the coming into operation of the amended provisions of the Karnataka Minor Mineral Concession Rules, 1994. He submits that the authorities have rejected his application on the misconception that the applicant was ineligible.
4. We accept the prayer of Mr.Ganapathy Bhat inasmuch as the application was filed prior to the coming into force of the amended provisions of the Karnataka Minor Mineral Concession Rules, on August 12, 2016.
5. Therefore, the endorsement dated February 18, 2017, being Annexure-G to the writ petition, is set aside. We direct the respondent No.4 - Deputy Director, Department of Mines and Geology, Chitradurga District, to reconsider the application of the writ petitioner within a period of eight weeks from the date of communication of this order.
6. The writ petition stands disposed of.
7. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV