IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MAY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.65120 OF 2016 (GM-MMS) BETWEEN :
V.ARUN S/O SRI.B.VENKATACHALAPATHY AGE: 42 YEARS R/O BOMMANHALLI VILLAGE (GAVIMATH) CHIDARAVALLI POST SOSLE HOBLI, T.NARASIPUR TALUK MYSORE DISTRICT MYSORE – 570 023 ... PETITIONER (BY MR.PADMANABHA MAHALE, SENIOR ADVOCATE FOR SRI.RAJANIKANT KULKARNI, ADVOCATE) AND :
THE SENIOR GEOLOGIST (MINES) OFFICE AND MINES AND GEOLOGY DEPARTMENT NO.4, GAGANACHUMBI JODI ROAD KUVEMPUNAGAR MYSORE – 570 023 ... RESPONDENT (BY MR.V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the order passed by the respondent dated 16.10.2012, vide Annexure-J, and etc.
This petition coming on for Preliminary Hearing this day, THE CHIEF JUSTICE made the following:
ORDER Although there was a proposal for holding a joint survey to find out as to whether the disputed area falls within the forest area or not, but, such joint survey was not conducted. However, the request for grant of quarrying lease was rejected on the assumption that the area fell within the forest area.
2. We, therefore, set aside the order passed by the Senior Geologist dated October 16, 2012, and direct the Deputy Commissioner, Mysuru, to appoint a joint inspection team to inspect the locale, in the presence of the writ petitioner or his representative, to find out as to whether the area could be considered for mining lease or not.
3. Let such fresh decision be taken by two months.
4. The writ petition stands disposed of.
5. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV