IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.9530/2018 (GM-MM-S) BETWEEN :
M/S SRIVARU STONE CRUSHERS REPRESENTED BY ITS PARTNER SRI. K.S.BALARAM S/O SHESHAPPA AGED ABOUT 44 YEARS CHOWDESHWARI TEMPLE ROAD 4TH CROSS ROAD, KUNIGAL TOWN KUNIGAL TALUK TUMKURU DISTRICT-572 102 ... PETITIONER (BY SHRI. M.KESHAVA REDDY, ADVOCATE) AND :
1. THE GOVT OF KARNATAKA REP. BY PRINCIPAL SECRETARY DEPT. OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001 2. THE DIRECTOR OF MINES & GEOLOGY GOVT. OF KARNATAKA KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 3. THE COMPETENT AUTHORITY AND DEPUTY DIRECTOR DEPT. OF MINES & GEOLOGY NO.2652/2667, RAILWAY STATION ROAD GANDHI NAGAR, TUMKURU-572 102 4. THE DISTRICT TASK FORCE COMMITTEE REPRESENTED BY ITS MEMBER SECRETARY AND DEPUTY DIRECTOR, DEPT. OF MINES & GEOLOGY, NO.2652/2667 RAILWAY STATION ROAD GANDHI NAGAR, TUMKURU-572 101 ... RESPONDENTS (BY SHRI. VIKRAM HUILGOL, HCGP) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT OF THE R-3 DTD 05.02.2018 VIDE ANNX-F BEING CONTRARY TO THE GOVERNMENT CIRCULAR DTD 24.02.1999 VIDE ANNEXURE-H AND THE ORDERS OF THIS HON'BLE COURT DTD 15.02.2008 IN W.P.NO.15882/2007 VIDE ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:-
O R D E R The petitioner made an application for quarry lease in Sy. No.12 of Hunuganahalli village, Kunigal Taluk, Tumkur District to an extent of 10 acres. The said application came to be rejected by an endorsement dated 05.02.2018 against which this petition is filed.
2. The Principal ground urged by the petitioner is that while rejecting his application for quarry lease, the respondents have not considered the Circular dated 24.02.1999 wherein it has been clarified that if an application for quarry lease is made in respect of gomal land, the same shall be granted, if the said land is covered with stones and boulders. Learned counsel for the petitioner prays that the impugned endorsement be set-aside and the petitioner’s application re-considered in the light of the Circular dated 24.02.1999.
3. Shri.Vikram Huilgol, learned HCGP for the State submits that applications for quarry lease received before 12.08.2016 in respect of which ‘No Objection Certificates’ and technical report from concerned Departments have been received, before the commencement of amended Rules came into force, have to be considered under the un-amended Rules. The application of the petitioner has been rejected on the ground that the land is a ‘Gomal’ land and there is shortage of Gomal land when compared to the cattle population. He also took us through the order dated 07.02.2018 passed by this Court in W.P. No.32824/2017 and the Judgment of this Court in Sri.Venkateshwara Hill Crushers and another Vs. State of Karnataka and another (2008(4) Kar.L.J. 230.
4. We have carefully considered the submissions made by the learned counsel for the petitioner, learned HCGP and perused the records.
5. The learned Single Judge in Para 19 of the judgment in Sri.Venkateshwara Hill Crushers has discussed about the Circular dated 24.02.1999. Keeping in view the said decision and the guidelines issued in the Circular dated 24.02.1999, we find no reasons to quash the impugned endorsement dated 05.02.2018 at Annexure ‘F’ as the revenue authorities have sent adverse report on the basis of factual matrix of the case. The impugned endorsement shows that 128-07 acres were required for cattle grazing keeping in view the population of cattle in the village.
Accordingly, this petition must fail and it is dismissed. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE SPS