IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26th 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.63536 OF 2016 (GM-MMS) BETWEEN :
SRI.UMESH PATIL S/O SRI.BHEEMANAGOUDA AGE: 46 YEARS 1-11-55/13/1, M BASAVESHWARA ENCLAVE ATM CIRCLE NIJALINGAPPA COLONY RAICHUR – 584 101 ... PETITIONER (BY MR.CHANDRANATH ARIGA K., ADVOCATE) AND :
1. THE COMMISSIONER MINES AND GEOLOGY DEPARTMENT KHANIJA BHAVANA RACE COURSE ROAD BENGALURU – 560 001 2. THE SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT RAICHUR – 584 101 3. THE DEPUTY COMMISSIONER RAICHUR DISTRICT RAICHUR – 584 101 4. THE DEPUTY CONSERVATOR OF FOREST RAICHUR FOREST DIVISION COURT ROAD RAICHUR – 584 101 ... 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 declare that Rule 88(2)(D) Annexure-G of the amended Rules of Karnataka Minor Mineral Concession (Amendment) Rules, 2016, as unconstitutional, and etc.
This petition coming on for Preliminary Hearing this day, THE CHIEF JUSTICE made the following:
ORDER Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice to the respondents is dispensed with.
2. Mr.Chandranath Ariga.K., learned advocate for the writ petitioner, submits that he has been instructed not to press the challenge made to the vires of Rule 8B(2)(d) of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.
3. Admittedly, the application for grant of lease was made prior to the amendment to the Karnataka Minor Mineral Concession Rules, 1994.
4. Mr.Bhanuprakash, learned additional government advocate, submits that till today, no-objection from the environment department has not reached the concerned authorities. It is the responsibility of the authorities to obtain such clearance as, also, the technical reports, if any.
5. The concerned authorities are directed to send their opinion to the authorities of the Mines and Geology Department, within two weeks.
6. We, therefore, direct the authorities to consider the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of communication of the order.
7. With the aforesaid directions, the writ petition stands disposed of.
8. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV