IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF OCTOBER, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.43239 OF 2017 (GM-MM-S) BETWEEN:
Y.SHRINIVAS RAJU S/O Y.KRISHNAM RAJU AGED ABOUT 46 YEARS #11, CHOUDAIAH BLOCK, I CROSS HMT LAYOUT, R.T.NAGAR BENGALURU – 560 032 ... PETITIONER (BY SRI.LAKSHMEESHAIAH, ADVOCATE FOR SRI.R.G.KOLLE, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU – 560 001 2. THE PRINCIPAL SECRETARY TO GOVT. DEPT OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU BENGALURU – 560 001 3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001 4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY PATRENAHALLI, CHIKKABALLAPURA CHIKKABALLAPURA – 562 101 5. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101 ... 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 respondent No.5 to communicate to the respondent No.4 to grant and execute a quarry lease to extract ordinary building stones which is a non-specified minor mineral, in government land bearing survey No.11 of Karkala Makalahalli village in Chikkaballapura taluka and district, over an area of 4.20 acres, for deeming to have received Revenue NOC, Forest NOC and technical report as per quarry lease application dated 11.7.2016 filed by this petitioner produced at Annexure-A, thereby grant and execute a conditional quarry lease immediately for a period of 30 years in terms of newly amended Rule 8(6) of KMMC Rules effective from 12.8.2016, etc., This petition coming on for preliminary hearing this day, THE CHIEF JUSTICE made the following:
ORDER Issue notice.
Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for the respondents. Therefore, formal service of notice to them is dispensed with.
2. We dispose of this writ petition after hearing Mr.Lakshmeeshaiah, learned advocate appearing for Mr.R.G.Kolle, learned advocate for the petitioner, and Mr.V.G.Bhanuprakash, learned additional government advocate appearing for the State, by directing the Senior Geologist and Competent Authority, Department of Mines and Geology, Chikkaballapura District, to consider the application of the writ petitioner for grant of quarrying lease dated July 11, 2016, in the background of the provisions of sub-rule (6) of Rule 8 of the Karnataka Minor Mineral Concession Rules, 1994.
3. Let such consideration be done after giving an opportunity of hearing to the writ petitioner or his representative, within three weeks from the date of communication of this order.
4. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV