IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.50685 OF 2019 (GM-MM-S) BETWEEN:
SRI V.RAMESH NAIK S/O SETIYA NAIK AGED ABOUT 42 YEARS R/O HONNALLI THANDA BANDEHALLI POST BELLARY TALUK AND DISTRICT – 583 102 (BY SHRI KALEEMULLAH SHARIFF, ADVOCATE) AND:
1. THE SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF INDUSTRIES AND COMMERCE DEPT. VIDHANA SOUDHA BENGALURU – 560 001 2. THE DIRECTOR MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001 3. THE DEPUTY DIRECTOR BELLARY DISTRICT BELLARY – 583 101 ... PETITIONER 4. SENIOR GEOLOGIST MINES & GEOLOGY BELLARY – 583 101 ... RESPONDENTS (BY SHRI Y.H.VIJAYKUMAR, PRL. GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 28.03.2016 PRODUCED AT ANNEXURE-B FILED SEEKING GRANT OF QUARRY LEASE FOR QUARRYING MURRAM AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned Additional Government Advocate appearing for the respondents who states that as of today no order has been passed on the application dated 28th March 2016 filed by the petitioner for grant of the quarrying lease. He states that sub-rule (1) of Rule 8-B of the Karnataka Minor Mineral Concession Rules, 1994 (for short ‘the said Rules’) will apply and, therefore, the application being filed prior to 12th August 2016, will have to be held as ineligible.
2. It is true that all the applications for grant of quarrying lease which were pending on 12th August 2016 will have to be held as ineligible as per sub-rule (1) of Rule 8-B of the said Rules. However, sub-rule (2) of Rule 8-B of the said Rules is an exception of sub-rule (1). Whether the case of the petitioner falls within the exception will have to be decided by the State Government in accordance with law laid down by this Court by the judgment and order dated 16th August 2019 in Writ Petition No.10601/2019 and other connected matters.
3. We direct the State Government to decide the pending application dated 28th March 2016 made by the petitioner by passing an order thereon within a period of three months from today in the light of what is held in the aforesaid judgment and order dated 16th August 2019.
The petition is disposed of with the above directions.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB