Karnataka High Court
Bagalkot Cement And Industries Ltd vs State Of Karnataka on 1 June, 2011
Author: H.G.Ramesh
Bench: H.G.Ramesh
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J.S.KI-IEHAR C.J. {Oral}:
In the instant writ petitions, petitionerinolel;':lii;ih'o';§ 4_ while his lease was suhsistir':g--§..p jfor extensien / renewal. By an orderldatedll Oil Director, Department of and Cleologyl,j"ha:sfgllranted it a fresh lease in favonref loverllan area of 10 acres, which lief which had been granteclpte-ipetitioner lease [for which, renewal). The afores§Litl"lo1~t:§1g,;%V is subject matter of challenge at the petitioner.
2. 'e.pitel.'ofv.the_.faet that a series of contentions Vbeenpadvaneed at the hands of the learned counsel for the petitioners, we are satisfied, that the instant writ '.Vpetitionsa;ean be disposed of on the basis of one of the it lv~:feont'e.ntions advaneed at his hands, namely, that the application for mining lease submitted by respondent no.4 could not be taken into consideration for the grant of a mining lease on account of the fact, that the aforesaid application preceded the date when the area under reference was notified {for inviting' the §""'s° M} fit £1"
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4. Having perused the aforesaid judgment rendered by the Supreme Court in Sandor Manganes_e_ Ores Ltd, we are satisfied? that it has now the Supreme Court, that an"
received prior to the issuance Ruie 59 of the Rules, riorhe stnte '' eonsideratien, and orriy srrelr":arrjp.1;teatio'nvs.. are to be taken into eonsideréitiorr-, filed after the issuance of the trrotifieation}; thereof.
5. Herein "theV'«°nottfication was issued by the"StateiigGo§?:e1*nn1.ent on""2'7.04.2006 whereas the applicettjon by respondent no.4 on O6.09.20tf')2..._ h in View of the determination ren(i'er¢ d the «Supreme Court in Sandur Manganese »gtnei,VIrovn.O.res___Ltd's ease supra. we are satisfied, that i,;;;,3r1g:tea notification dated 27.04.2006 (Anr1ex'ttre+§') vide which the Director, Department of Mines Geology, sanctioned the mining lease over an '' "3_irea'A--of 10 acres in Kalladagi village, Bagalkot Taiuk, "Bagalkot District, in favour of respondent no.4 is liable to he set aside. The same is aeeordingiy hereby set aside.