IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.496/2019 (GM MM-S) BETWEEN T.S. SURYANARAYANA S/O T.S. SHANMUGM, AGED 53 YEARS, NO.133, P.T. ANNAYYAPPA MAIN ROAD, THIGALARAPET, BENGALURU-560 002.
(BY SRI K.B. SHIVA KUMAR, ADVOCATE) ... PETITIONER AND 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE SECRETARY COMMERCE & INDUSTRIES DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
3. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY, NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY, NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
5. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY, RAMANAGARA DISTRICT-571 511.
6. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, RAMANAGARA-571 511 7. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION, RAMANAGARA.
8. THE DEPUTY CONSERVATOR OF FOREST BENGALURU RURAL SUB-DIVISION, BENGALURU.
... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R3 TO CONSIDER AND DISPOSE OF THE PETITIONER'S APPLICATION VIDE ANNEXURE-A DATED 26.09.2003;
DECLARE THAT, THE VIEWS, OPINIONS AND REPORTS ARE NOT FURTHER REQUIRED IN VIEW OF THE RECEIPTS OF THE NO OBJECTION CERTIFICATES VIDE ANNEXURES-D, E, E-1, E-2, F AND K;
DIRECT THE R3 TO ISSUE NOTIFICATION UNDER RULE 27 OF KMMCR 1994 AND TO EXECUTE THE LEASE DEEDS UNDER RULE 30 OF KMMCR 1994, SUBJECT TO SUCH OTHER CONDITIONS AS ENVISAGED UNDER KMMCR 1994;
DIRECT THE RESPONDENTS TO CONSIDER AND DISPOSE OF THE PETITIONER'S REPRESENTATION DATED 12.06.2018 PRODUCED AT ANNEXURE-L.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ARAVIND KUMAR, J., MADE THE FOLLOWING:
O R D E R Petitioner has sought for a writ of mandamus to 3rd and 4th respondent to consider representation dated 12.06.2018 - Annexure-L contending inter alia that application for grant of lease filed on 26.09.2003 has not been examined, adjudicated by considering it.
2. It is also the grievance of the petitioner that despite ‘No Objection Certificate’ issued by the Deputy Conservator of Forest on 26.03.2004, Joint Inspection Report dated 24.06.2010 forwarded by the Assistant Commissioner, Ramanagara, as also Joint Inspection Report of survey conducted during 2018, respondents have failed to consider the application dated 26.09.2003 - Annexure-A submitted by the petitioner and as such representation – Annexure-L is said to have been submitted on 12.06.2018 to consider the application for grant of lease. On account of non-consideration of said representation, petitioner is before this Court seeking for writ of mandamus.
3. Having heard the learned counsel for the petitioner and learned HCGP Sri C. Huilgol and on perusal of the case papers, we are of the considered view that ends of justice would be met if a direction is issued to respondent Nos.3 and 4 to consider the representation dated 12.06.2018 – Annexure-L which has been submitted for considering the application dated 26.09.2003 - Annexure-A, expeditiously at any rate within a outer limit of three months from today, if not already considered and disposed of. Accordingly, direction is issued.
Learned HCGP is permitted to file memo of appearance within a period of six weeks from today.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE SBS*