IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH 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.33210 OF 2017 (GM-MM-S) BETWEEN M/S SRI. VIGNESHWARA GRANITE INDUSTRY A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR SRI S G CHANDRAMOULI AGED ABOUT 52 YEARS S/O S GANGADARASWAMY HAVING ITS FACTORY AT PLOT NO 134, 2ND PHASE OPP: CENTRAL WAREHOUSE ANTHARASANAHALLI INDUSTRIAL AREA TUMKUR - 572106 ... PETITIONER (BY SRI PRAKASH B S, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (MSME & MINES), VIKASA SOUDHA BANGALORE – 560 001 2. THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA, R C ROAD BANGALORE – 560 001 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY GANDHINAGAR TUMKUR – 572 102 (BY SRI V G BHANUPRAKASH, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 20.6.2017 ISSUED BY THE DEPUTY DIRECTOR [MA], DEPARTMENT OF MINES AND GEOLOGY VIDE ANNEXURE-A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Issue notice to the respondents.
Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice of the writ petition to the respondents is dispensed with.
2. Mr.Prakash B.S., learned advocate appearing for the writ petitioner, has limited his prayer in the writ petition for issue of a direction to the authorities to execute the lease in favour of the writ petitioner.
3. Admittedly, the application for grant of lease was made prior to the amendment of the Karnataka Minor Mineral Concession Rules, 1994. Therefore, the endorsement issued against the writ petitioner was erroneous, inasmuch as the authorities proceeded on the erroneous assumption that the petitioner was ineligible.
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 set aside the endorsement produced as Annexure-A to the writ petition and direct the authorities to consider the request of the petitioner for execution of the lease deed in his favour, within four weeks from the date of communication of this order, subject to no-objection from the environment department as, also, the technical report from the departments concerned.
7. With the aforesaid directions, the writ petition stands disposed of.
8. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv