IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH 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. 31403 OF 2017 (GM-MM-S) BETWEEN SRI. SATHISH R AGED ABOUT 33 YEARS, RESIDING AT NO.17/1, RAJAMMA GARDEN, JARAGANAHALLI, J.P. NAGAR, BENGALURU-560 078. ... PETITIONER (BY SRI R G KOLLE, ADVOCATE) AND 1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVT., DEPT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA BENGALURU-560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001 4. THE SENIOR GEOLOGIST (MINES) & COMPETENT AUTHORITY, DEPARTMENT OF MINES & GEOLOGY, CHIKKABALLAPUR-562 101 CHIKKABALLAPUR TALUK 5. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR-562101.
... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-5 DEPUTY COMMISSIONER AND CHARIMAN, DISTRICT TASK FORCE [MINES] COMMITTEE, TO COMMUNICATE TO THE R-4 SENIOR GEOLOGIST AND COMPETENT AUTHORITY TO PROCESS QUARRY LEASE APPLICATION DTD:21.6.2014 FILED BY THIS PETITIONER PRODUCED AT ANNEXURE-A FOR DEEMING TO HAVE RECEIVED REVENUE NOC, FOREST NOC AND TECHNICAL REPORT THEREBY GRANT CONDITIONAL QUARRY LEASE IMMEDIATELY TO EXTRACT ORDINARY BUILDING STONES IN GOVT. LAND BEARING SY NO.174 OF KAKALACHINTE VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPUR TALUKA AND DISTRICT, OVER AN AREA OF 06-00-00 -[A-G-A] FOR A PERIOD OF 20 YEARS IN TERMS OF NEWLY AMENDED RULE 8[6] OF KMMC RULES EFFECTIVE FROM 12.8.2016.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER We dispose of this writ petition after hearing Mr.R.G.Kolle, learned advocate for the petitioner, and Mr.V.G.Bhanuprakash, learned additional government advocate for the State, by directing the Senior Geologist and Competent Authority, Department of Mines and Geology, Chikkaballapur, to consider the application of the petitioner for grant of quarry lease dated June 21, 2014, in the background of the provisions of sub-rule (6) of Rule 8 of the Karnataka Minor Mineral Concession Rules, 1994.
2. Let such consideration be done after giving an opportunity of hearing to the writ petitioner or his representative, within three weeks from the date of communication of this order.
3. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*