Karnataka High Court
Smt. L. Divya vs The State Of Karnataka on 18 July, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH 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.31589 OF 2017 (GM-MM-S)
BETWEEN
SMT. L. DIVYA
W/O. SRI. T. RAMESH,
AGED ABOUT 36 YEARS,
R/AT THIBBEGOWDANADODDI,
KASABA HOBLI, HARISANDRA,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT-571 511.
... PETITIONER
(BY SRI V.GANAPATHY BHAT, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE SECRETARY
COMMERCE AND INDUSTRIES,
DEPARTMENT OF COMMERCE,
2
VIKASA SOUDHA,
BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER AND CHAIRMAN
DISTRICT TASK FORCE COMMITTEE (MINES),
RAMANAGARA DISTRICT,
RAMANAGARA -562 159.
4. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
RAMANAGARA DISTRICT,
RAMANAGARA -562 159.
5. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KANIJA BHAVAN,
BENGALURU-560 001.
... RESPONDENTS
(BY SRI V.G. BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO DECLARE THAT THE KARNATAKA MINOR MINERAL
CONCESSION [AMENDMENT] RULES, 2016 DTD.12.8.2016
VIDE ANNEX-C IN SO FAR AS RULE 8B(2) (d) IS
UNCONSTITUTIONAL, NULL AND VOID AND SAME TO BE
STRUCK DOWN & ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE CHIEF JUSTICE MADE THE
FOLLOWING:
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ORDER
Mr.V.Ganapathy Bhat, learned advocate, appears for the writ petitioner.
2. He submits, on instructions, that he is not pressing the first prayer in the writ petition, that is, challenge to the amendment of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.
3. Mr.Bhat submits that the petitioner had applied for quarrying lease on September 23, 2015, that is, before the coming into operation of the amended provisions of the said Act. He submits that the authorities have rejected his application on the misconception that the applicant was ineligible.
4. We accept the prayer of Mr.Ganapathy Bhat inasmuch as the application was filed prior to the coming into force of the amended provisions of the Karnataka Minor Mineral Concession Rules, on August 12, 2016. 4
5. Therefore, the endorsement dated November 24, 2016, being Annexure-B to the writ petition, is set aside. We direct the respondent no.4, Deputy Director, Department of Mines and Geology, Ramanagar District, to reconsider the application of the writ petitioner within a period of eight weeks from the date of communication of this order.
6. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE vgh*