IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 PRESENT HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND HON’BLE MR.JUSTICE ARAVIND KUMAR WRIT PETITION NO.56972 OF 2018 (GM-MM-S) BETWEEN:
SRI. S.D.PANDURANGA S/O LATE DAYANANDAPPA AGED ABOUT 55 YEARS R/AT BALAJI NAGAR, SIRA TALUK TUMKURU DISTRICT – 572 101 ... PETITIONER (BY SHRI GANAPATHY BHAT VAJRALLI, 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 DIRECTOR DEPARTMENT OF MINES AND GEOLOGY GANDHI NAGAR, TUMKUR – 572 102 4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY GANDHI NAGAR, TUMKUR – 572 102 ... RESPONDENTS (BY SHRI VIKRAM HUILGOL, HCGP) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.4 TO CONSIDER THE PETITIONER APPLICATION DATED 03.12.2013 AS PER ANNEXURE-A, AFRESH AND DISPOSE OFF THE APPLICATION BY GRANTING LEASE IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY WITHIN A TIME FRAMED PERIOD AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Having heard learned counsel for the petitioner and learned HCGP appearing for the respondents, it appears just and proper to dispose of this petition at this stage itself.
Shorn of unnecessary details, the relevant aspects of the present matter are that the petitioner herein is stating grievance that his application for grant of quarrying lease/licence for quarrying building stone over an extent of 10-00 acres of land in Survey No.84 at Kallahalli Village, Sira Taluk, Tumakuru District, though made way back on 03.12.2013, has not been considered and has not been disposed of by the authorities concerned as yet.
Learned HCGP is not in a position to dispute the facts as asserted on the petition that the application made by the petitioner has indeed remained pending for all this time.
In the given set of facts and circumstances, it appears just and proper to observe that the authorities concerned should take final decision on the application made by the petitioner at the earliest, of course in accordance with law.
For what has been observed hereinabove, this petition stands disposed of at this stage itself with the requirement that the respondent No.4 – Deputy Director, Department of Mines and Geology, Tumakuru District, shall consider the application made by the petitioner and shall take final decision thereupon in accordance with law and at the earliest, preferably within 90 days from the date of receipt of certified copy of this order.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB