IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 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.54903 OF 2018 (GM-MM-S) BETWEEN:
M/S T.J.K. ENTERPRISES A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.13/2, APARTMENT NO.F-1 1ST FLOOR, 3RD MAIN ROAD, 1ST STAGE K.H.B.COLONY, BASAVESHWARANAGAR BENGALURU – 560 079 REPRESENTED BY ITS MANAGING PARTNER SRI D M TEJAS AGED 27 YEARS S/O D MUNIRAJU (BY SRI SHIVAKUMAR K B, ADVOCATE) AND:
1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE PRINCIPAL SECRETARY COMMERCE & INDUSTRIES DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001 ... PETITIONER 3. THE SECRETARY, DEPARTMENT OF INDUSTRIES & COMMERCE, VIKASA SOUDHA, BENGALURU - 560 001 4. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001 5. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY BENGALURU RURAL DISTRICT, 13TH FLOOR, V.V.TOWERS, DR AMBEDKAR VEEDHI, BENGALURU - 560 001 6. THE DEPUTY DIRECTOR BENGALURU RURAL DISTRICT BENGALURU - 560 001 7. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, BENGALURU RURAL DISTRICT - 562 203 8. THE DEPUTY CONSERVATOR OF FOREST BANGALORE RURAL DIVISION, BANGALORE - 560 001 ... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 TO ISSUE A CORRIGENDUM TO ANNEXURE-A DATED 26.09.2018 ACCORDING SANCTION FOR GRANT OF A QUARRYING LEASE FOR QUARRYING OF BUILDING STONE FOR 20 YEARS IN FAVOUR OF THE PETITIONER OVER AND EXTENT OF 7.00 ACRES INSTEAD OF 1.06 ACRES AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER The grievance of the petitioner in this writ petition is that he had made an application for grant of mining lease in respect of 7 acres of land in survey No.31 of Mudagurki village, Devanahalli taluk, Bengaluru Rural District. However, the respondents have granted lease only in respect of 1.06 acres of land.
2. Shri Shivakumar K.B., learned advocate for the petitioner submits that by communication dated 30.07.2018 addressed to the Deputy Director, Department of Mines and Geology, Bengaluru Rural District (Annexure-G), the Assistant Commissioner, Doddaballapura has opined that only 1.06 acre of land is free for grant of mining lease. He submits that the said communication is bereft of any reasons.
3. Shri V.G.Bhanuprakash, learned Additional Government Advocate sought to justify the said communication by the Assistant Commissioner.
4. Having gone through the said communication, we are of the view that no cogent reasons are forthcoming for arriving at the conclusion by the Assistant Commissioner that only 1.06 acre of land is suitable for granting quarrying lease.
5. In the circumstances, communication dated 30.07.2018 (Annexure-G) is quashed. The Assistant Commissioner is directed to reconsider the matter and give his clear opinion by recording cogent reasons within a period of eight weeks from the date of receipt of copy of this order. The quarry area shall be suitably modified based on the Assistant Commissioner’s opinion.
The petition accordingly stands disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB