Karnataka High Court
M/S A Y N R Minerals vs The Secretary on 20 July, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2017
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.25348/2017(GM-MM-S)
BETWEEN
M/S. A.Y.N.R. MINERALS
NO.93, 34D WARD
NEAR KALAMMA TEMPLE
ANAND BAZAR, SANDUR
BELLARY DISTRICT
REP BY MANAGING DIRECTOR
SRI M RUDRAPPA, AGED 56 YEARS ... PETITIONER
(BY SRI SHIVA KUMAR K B, ADVOCATE)
AND
1. THE SECRETARY
COMMERCE & INDUSTRIES DEPARTMENT
VIKASA SOUDHA, BENGALURU - 560 001
2. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
NO.49, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 001
3. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
HOSPET - 583 401, BELLARY DISTRICT
4. THE DISTRICT TASK FORCE (MINES) COMMITTEE
OFFICE OF THE DEPUTY COMMISSIONER
BELLARY DISTRICT, BELLARY - 583 103
... RESPONDENTS
(BY SRI V G BHANUPRAKASH, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH ANNEXURE-K DATED 27.5.2017/29.5.2017 PASSED BY
RESPONDENT NO.3 AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The writ petitioner is aggrieved as its application for grant of mining lease was rejected by the authorities by an endorsement dated May 27/29, 2017, being Annexure-K to the writ petition.
2. The writ petitioner, on September 23, 2008, applied for grant of mining lease for white quartz, iron ore and other minerals. It is an admitted position that in view of the change in law, white quartz has become a minor mineral and, therefore, the application for grant of mining lease for white quartz shall have to be considered in accordance with the provisions of the Karnataka Minor Mineral Concession Rules, 1994 (for short 'the said Rules'). When the writ petitioner found that iron ore or other minerals are not available and only white quartz is available in the area-in-question, it requested for consideration of its application for white quartz.
3. Mr.V.G.Bhanuprakash, learned additional government advocate appearing for the respondents, submits 3 that if there is a trace of major mineral in the area concerned, the request of the writ petitioner cannot be considered.
4. Considering the facts and circumstances of the case and as white quartz is now a minor mineral and the application was filed on September 23, 2008, that is, prior to the amendment of the said Rules, we direct the District Task Force Committee (Mines) to consider and dispose of the application of the writ petitioner for grant of mining lease for white quartz in the area concerned, within a period of six weeks from the date of communication of this order.
5. The writ petition stands disposed of.
6. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv