IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NOS. 102430-102431/2018 (GM-MM-S) BETWEEN:
1.SURESH S/O LAGAMA TEGURI AGE: 53 YEARS, OCC: AGRICULTURE R/O YAMKANMARDI VILLAGE TALUK: HUKKERI DISTRICT: BELAGAVI-591 246 2.GANGADHAR @ KEMPANNA S/O BASAVANI TEGURI, AGE: 40 YEARS OCC: AGRICULTURE R/O YAMKANMARDI VILLAGE TALUK: HUKKERI DISTRICT: BELAGAVI-591 246 3.RAVINDRA KUMAR S/O BASAVANI TEGURI AGE: 38 YEARS, OCC: AGRICULTURE R/O YAMKANMARDI VILLAGE TALUK: HUKKERI DISTRICT: BELAGAVI-591 246 4.BABU S/O YAMANAPPA MUNDALI AGE: 48 YEARS, OCC: AGRICULTURE R/O YAMKANMARDI VILLAGE TALUK: HUKKERI DISTRICT: BELAGAVI-591 246 ... PETITIONERS (BY SRI ARUN SHYAM M, ADVOCATE) AND 1.THE STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE SHESHADRI ROAD BANGALORE-560 001 REP BY ITS SECRETARY 2.COMMISSIONER FOR AGRICULTURE DEPARTMENT OF AGRICULTURE SHESHADRI ROAD BANGALORE-560 001 3.JOINT DIRECTOR OF AGRICULTURE BELAGAVI-590 016 4.DEPUTY DIRECTOR OF AGRICULTURE CHIKKODI-591 201 5.ASSISTANT DIRECTOR OF AGRICULTURE HUKKERI, TALUK: HUKKERI-591 254 6.THE DEPUTY DIRECTOR MINES AND GEOLOGY DEPARTMENT BELGAUM (R-6 IS IMPLEADED V/O DT. 31.01.2019) ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.5 TO CONSIDER THE APPLICATION OF THE PETITIONERS DATED 26.10.2017 VIDE ANNEXURE-B AND ISSUE A CERTIFICATE AS REQUIRED UNDER RULE 3A (b) OF THE KARNATAKA MINES AND MINERALS CONCESSION RULES, 1994.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Petitioners, claiming to be owners of agricultural lands situated in Hukkeri Taluk, Belagavi District, are desirous of extracting stones in their lands. They made a representation to the Agriculture Department in compliance with Rule 3-A(b) of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 (for short ‘the Rules’) for a certificate that stones are found in their land.
2. Petitioners’ grievance is that they are being driven from pillar to post. The Agriculture Department has called upon them to approach the Mines and Geology Department. When they made a representation to the Mines and Geology Department, the said Department has issued an endorsement dated 19.03.2018 as per Annexure-K calling upon them to take necessary certificate under Rule 3-A(b) of the Rules from the Agriculture Department. In the circumstances, the petitioners have filed these writ petitions praying for a writ of mandamus directing respondent No.5 viz., Assistant Director of Agriculture, Hukkeri, to issue the certificate requested by them.
3. Sri V.G.Bhanuprakash, learned Additional Government Advocate for the respondents submits that the prayer for mandamus is based on the endorsement issued by Mines and Geology Department as per Annexure-K and the said Department is not a party before this Court.
4. In the circumstances, we have permitted the petitioners to implead Mines and Geology Department also.
5. Having heard learned counsel for the petitioners and learned Additional Government Advocate for the respondents, we dispose of these writ petitions with a direction to respondent No.5 to pass appropriate orders on the representation submitted by the petitioners seeking certificate under Rule 3-A (b) of the Rules within a period of four weeks from the date of receipt of copy of this order.
Petitions disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE bkv