IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NO.24995 OF 2009 (GM-MM-S) BETWEEN:
M/S. WADI STONE MARKETING CO. (P) LTD. BY ITS DIRECTOR SRI SARVAT MAHMOOD (NAVEED) AGED ABOUT 52 YEARS WADI - 585 225 TALUK: GHITTAPUR DIST: GULBARGA (BY SMT.S.R.ANURADHA, ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRY M.S.BUILDING BANGALORE – 560 001 2. THE DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE – 1 3. THE JOINT DIRECTOR OF MINES AND GEOLOGY DEPARTMENT NORTH CIRCLE BELLARY 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES OF GEOLOGY GULBARGA DIVISION GULBARGA (BY SHRI BHANUPRAKASH V.G., AGA) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTIFICATION PUBLISHED IN KARNATAKA STATE GAZETTE ON 14.05.2009 INSOFAR AS IT RELATES TO NOTIFYING THE AREAS IN SY.NO.64 AND 77 IN SL.NO.1 AND SL.NO.9 IN NOTIFICATION DATED 7.5.2009 AT ANNEXURE-L AND ETC.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Called out for final hearing.
2. The challenge in this writ petition is to the notification dated 7th May 2009 issued by the State Government regarding sub-mining the building stone area.
3. Now, in view of the amendment to the Karnataka Minor Mineral Concession Rules, 1994 (for short ‘the Rules of 1994’) with effect from 12th August 2016, the impugned notification cannot be acted upon.
4. Our attention is invited to paragraph 11 of the writ petition in which it is stated that the land in survey No.77 is a patta land. This fact is not disputed by the State Government in the objections and in particular, in paragraph 11.
5. As far as the patta lands are concerned, Chapter IV-A of the said Rules of 1994 will not be applicable and quarrying lease in the patta land will be governed by Chapter V which deals with permission for quarrying minor minerals, in a private or patta land. Hence, subject to what is observed above, it is not necessary to entertain the writ petition and accordingly, the same is disposed of and does not survive for consideration.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB