IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE BELLUNKE A.S.
W.P. NO.28424/2019 (GM-MM-S) C/W W.P. NOS.28425/2019 & 29283/2019 (GM-MM-S), W.P. NO.28426/2019 (GM-MM-S) IN W.P. NO.28424/2019 BETWEEN:
M/S SUMATHI STONE CRUSHERS A PROPRIETORY CONCERN REP. BY ITS PROPRIETOR SMT. M.S. ASHA W/O SRI S. CHANDRAMOULI AGED ABOUT 47 YEARS NO 19, “SUMUKHA”
1ST CROSS, BEHIND LIC OFFICE BANDIGOWDA LAYOUT MANDYA - 571401 (BY SRI L.M. CHIDANANDAYYA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT ... PETITIONER VIKASA SOUDHA BANGALORE – 560 001 2. SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY MANDYA DISTRICT MANDYA – 571 401 3. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA – 571 401 4. THE THASILDAR-CUM- EXECUTIVE MAGISTRATE MANDYA TALUK MANDYA DISTRICT – 571 401 ... RESPONDENTS (BY SRI T.L. KIRAN KUMAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-A DATED 22.06.2019 PASSED BY THE 4TH RESPONDENT & ETC.
IN W.P. NOS.28425/2019 & 29283/2019 BETWEEN:
1. M/S MALLESHWARA STONE CRUSHERS A PROPRIETARY CONCERN REP. BY ITS PROPRIETOR MRS. SAVITHA W/O LATE SRI MALLESH AGED ABOUT 50 YEARS KODISHETTIPURA VILLAGE SIDDAPURA POST SRIRANGAPATNA TALUK MANDYA DIST - 571807 2. MRS. SAVITHA W/O LATE SRI MALLESH R/AT KODISHETTIPURA VILLAGE SIDDAPURA POST SRIRANGAPATNA TALUK MANDYA DIST - 571807 ... PETITIONERS (BY SRI L.M. CHIDANANDAYYA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA BANGALORE - 560001 2. SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY MANDYA DISTRICT, MANDYA - 571807 3. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571807 4. THE THASILDAR-CUM-EXECUTIVE MAGISTRATE MANDYA TALUK MANDYA DISTRICT - 571807 ... RESPONDENTS (BY SRI T.L. KIRAN KUMAR, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-A DATED 22.6.2019 PASSED BY THE 4TH RESPONDENT & ETC.
IN W.P. NO.28426/2019 BETWEEN:
M/S. D.K. ASSOCIATES A PROPRIETARY CONCERN REP. BY ITS PROPRIETOR SHRI K. DASHARATH AGED ABOUT 45 YEARS S/O KRISHNAPPA NO.952, NEW NO.9/1 2ND MAIN ROAD, LAKSHMIPURAM MYSURU - 570 004.
(BY SRI L.M. CHIDANANDAYYA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIKAS SOUDHA BANGALORE - 560 001 2. SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY MANDYA DISTRICT MANDYA - 571 807 3. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 807 ... PETITIONER 4. THE THASILDAR-CUM-EXECUTIVE MAGISTRATE MANDYA TALUK MANDYA DISTRICT - 571 807 ... RESPONDENTS (BY SRI T.L. KIRAN KUMAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANENXURE-A DATED 22.6.2019 PASSED BY THE 4TH RESPONDENT & ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate appearing for the respondents.
2. Issue notice. The learned Additional Government Advocate takes notice for the respondents. The petitions are taken up for hearing.
3. The facts involved in these three petitions are identical. The petitioners have been granted quarrying leases with effect from 7th July 2004 for a period of twenty years. The quarrying leases are in subsistence. By the impugned orders dated 22nd June 2019 passed by the Tahsildar – cum – Taluka Magistrate in purported exercise of the powers under Section 144 of the Code of Criminal Procedure, 1973, the quarrying operations have been prevented.
4. After having heard the learned counsel appearing for the petitioners and the learned Additional Government Advocate appearing for the respondents, we find that by no stretch of imagination, the power under Section 144 of the Code of Criminal Procedure, 1973 could have been exercised by the Taluka Magistrate for restraining the petitioners from carrying out the quarrying operations especially during the subsistence of leases.
5. If according to the case of the respondents, the petitioners have committed the breaches, there is a power vested under sub-rule (3) of Rule 6 of the Karnataka Minor Mineral Concession Rules, 1994 to determine the lease after giving notice to the person holding the lease. The impugned orders are completely illegal and are liable to be set aside.
6. Accordingly, we dispose of the petitions. The impugned orders dated 22nd June 2019 (Annexure-A in all the petitions) are hereby quashed and set aside. The petitions are allowed.
7. It will be always open for the concerned authorities to initiate action under sub-rule (3) of Rule 6 of the Karnataka Minor Mineral Concession Rules, 1994.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN