IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 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.52281 OF 2017 C/W WRIT PETITION NO.52282 OF 2017 (GM-MM-S) IN W.P.NO.52281/2017 BETWEEN:
VIKRAM P.BHAVIKATTI S/O B.N.PRASANNA KUMAR AGED ABOUT 38 YEARS PARTNER M/S APKON CRUSHERS GARDEN HOUSE, GARDEN ROAD TUMKURU – 572 102 (BY SRI KESHAVAREDDY M., ADVOCATE) AND:
1. THE GOVT. OF KARNATAKA REP. BY PRINCIPAL SECRETARY DEPT. OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA BENGALURU - 560 001 2. THE DIRECTOR OF MINES &GEOLOGY GOVT. OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 3. THE COMPETENT AUTHORITY AND DEPUTY DIRECTOR ... PETITIONER DEPT. OF MINES & GEOLOGY NO.2652/2667 RAILWAY STATION ROAD GANDHI NAGAR TUMKURU – 572 102 ... RESPONDENTS (BY SRI BHANUPRAKASH V.G., ADDITIONAL GOVERNMENT ADVOCATE) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED TO THE QUARRY LEASE FOR A PERIOD OF 20 YEARS AS PER THE MANDATE CONTAINED IN RULE-8A AND THE SAME HAS TO BE INCORPORATED IN THE GRANT ORDER DATED 13.04.2017 VIDE ANNEXURE-B AND ETC.
IN W.P.NO. 52282/2017 BETWEEN:
ASHA PRASANNA KUMAR W/O B.N.PRASANNA KUMAR AGED ABOUT 55 YEARS PARTNER M/S APKON CRUSHERS GARDEN HOUSE, GARDEN ROAD TUMKURU – 572 102 (BY SRI KESHAVAREDDY M., ADVOCATE) AND:
1. THE GOVT. OF KARNATAKA REP. BY PRINCIPAL SECRETARY DEPT. OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA BENGALURU - 560 001 2. THE DIRECTOR OF MINES &GEOLOGY GOVT. OF KARNATAKA KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001 ... PETITIONER 3. THE COMPETENT AUTHORITY AND DEPUTY DIRECTOR DEPT. OF MIENS & GEOLOGY NO.2652/2667 RAILWAY STATION ROAD GANDHI NAGAR TUMKURU - 572102 ... RESPONDENTS (BY SRI BHANUPRAKASH V.G., ADDITIONAL GOVERNMENT ADVOCATE) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PETITIONER IS ENTITLED TO THE QUARRY LEASE FOR A PERIOD OF 20 YEARS AS PER THE MANDATE CONTAINED IN RULE - 8A AND THE SAME HAS TO BE INCORPORATED IN THE GRANT ORDER DATED 13.04.2017 VIDE ANNEXURE-B AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER As prayed for, both these petitions are taken up simultaneously and disposed of.
2. Shri Keshava Reddy M., learned advocate for the petitioners urged two contentions. Firstly, that the petitioners are entitled for deemed extension as per Rule 8(A)(3) of the Karnataka Minor Mineral Concession Rules, 1994 till 20.09.2037. Shri Vikram Huilgol, learned HCGP, in his usual fairness, does not dispute the claim of the petitioners. In the circumstances, the petitioners shall be entitled for a deemed extension.
3. The second contention is with regard to imposition of additional royalty. Shri Vikram Huilgol, learned HCGP submits that the royalty shall be calculated strictly in accordance with law.
4. In the circumstances, these writ petitions are allowed with following directions:
(i) The respondents shall consider execution of supplementary lease deed recording deemed extension till 20.09.2037 within a period of 8 weeks from the date of receipt of a copy of this order.
(ii) Calculation of royalty shall be made strictly in accordance with law.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB