Karnataka High Court
Sri Sakam Nageshwara Reddy vs The State Of Karnataka on 3 December, 2018
Equivalent citations: AIRONLINE 2018 KAR 1158
Bench: Chief Justice, S.Sujatha
W.P.No.50347/2018 &
W.P.Nos.53098-53102/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION NO.50347/2018 AND
WRIT PETITION NOS.53098-53102/2018 (GM-MM-S)
BETWEEN:
1. SRI SAKAM NAGESHWARA REDDY
S/O SRI SAKAM NADIPI SUBBA REDDY,
MANCHANAPALLI POST,
DUVUR, KADAPA DISTRICT
ANDHRA PRADESH - 516 001
SINCE DECEASED BY HIS LR
SRI ANKIPALLE BHUVANESWAR
S/O ANKIPALLE MURALI
AGED ABOUT 28 YEARS,
R/O # 330, ANKAMMANAGAR
RAILWAYKODUR
KAPADA DISTRICT
ANDRA PRADESH - 516 001.
2. SRI GUJJALLA ANJANEYA PRASAD
S/O SRI G SUBBARAYUDU
#HIG 79, A.P. HOUSING BOARD COLONY
PRIDDATUR, KADAPA DISTRICT
ANDHRA PRADESH - 516 001
SINCE DECEASED BY HIS LR
SRI MADDI SETTY VENKATAKRISHNAIAH
S/O VENKATARAMANAIAH
AGED ABOUT 38 YEARS,
R/O #1/76, ANANTHARAJUPET
RAILWAYKODUR, KAPADA DISTRICT
ANDRA PRADESH - 516 001.
3. SRI SAKAM LAKSHMI DEVI
W/O SRI SAKAM NAGESHWAR REDDY
MANCHANAPALLI POST,
W.P.No.50347/2018 &
W.P.Nos.53098-53102/2018
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DUVUR, KADAPA DISTRICT,
ANDHRA PRADESH - 516 001
SINCE DECEASED BY HER LR
SRI ANKIPALLE BHUVANESWAR
S/O ANKIPALLE MURALI
AGED ABOUT 28 YEARS,
R/O # 330, ANKAMMANAGAR
RAILWAYKODUR, KAPADA DISTRICT,
ANDRA PRADESH - 516 001.
4. SRI M CHANDRA OBULA REDDY
S/O SRI BALA BURVI REDDY
#345, H/O CHAPAD MANDAL
SEETHA RAMAPURAM VILLAGE,
Y.S.R. DISTRICT, KADAPA
ANDHRA PRADESH - 516 001
SINCE DECEASED BY HIS LR
SRI ANKIPALLE BHUVANESWAR,
S/O ANKIPALLE MURALI,
AGED ABOUT 28 YEARS,
R/O # 5/330, ANKAMMANAGAR
RAILWAYKODUR, ANDRA PRADESH - 516 001.
5. SRI SHAIK MADANPALLI JEELANI BACHA
S/O SRI RAHAMATULLA
NO. 19/118-A, JOCK OALLAM STREET,
PRODDANT, Y.S.R.DISTRICT,
KADAPA, ANDHRA PRADESH - 516 001
SINCE DECEASED BY HIS LR
MR. SYED MASTAN
S/O LATE SHAIK MADANAPALLI JEELANI BASHA
AGED ABOUT 40 YEARS,
R/O NO. 3/63, TURUKAPALLALI
OBLAVARIPALLI, KADAPA DISTRICT
ANDRA PRADESH - 516 001.
6. SRI A MAHABOOD PASHA
S/O SRI ANWAR SAB,
TIMBER MERCHANT
HOYSALA NAGAR
NEAR GOWRAMMA SCHOOL BACK,
ARASIKERE POST
HASSAN DISTRICT, KARNATAKA
SINCE DECEASED BY HIS LR
MR. SHAIK IRFAN BASHA
S/O SHEIK MAGBUL BASHA,
AGED ABOUT 28 YEARS,
W.P.No.50347/2018 &
W.P.Nos.53098-53102/2018
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R/O RAGHAVARAJAPURAM
RAILWAY KODUR MANDAL
KADAPA DISTRICT
ANDRA PRADESH - 56 001.
REPRESENTED BY THEIR G.P.A. HOLDER
SRI V.R.L MURTHY,
S/O SRI K. RAMA RAO,
AGED ABOUT 64 YEARS,
NO.6, 1ST FLOOR, 1ST MAIN ROAD,
KRISHNA MURTHY LAYOUT,
SANJAYNAGAR, BANGALORE - 560 094.
... PETITIONERS
(BY SRI SATISH M. DODDAMANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
INDUSTRIES AND COMMERCE DEPARTMENT,
M.S.BUILDING, DR.AMBEDKAR VEEDHI,
BANGALORE - 560 001.
REPRESENTED BY ITS SECRETARY.
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BANGALORE - 560 001.
3. THE SENIOR GEOLOGIST
CHIKMAGALUR DISTRICT,
CHIKMAGALUR - 577 101.
... RESPONDENTS
(BY SRI VIKRAM HUILGOL, HCGP)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-2 TO CONSIDER THE APPLICATION OF DECEASED
SAKAM NAGESHWAR REDDY DATED 26.02.2011 BEARING
NO.321/AML/2011 FOR GRANT OF MINING LEASE IN RESPECT
OF WHITE QUARTZ IN LAND BEARING SY.NO.187 TO AN
EXTENT OF 5 ACRES SITUATED AT JODDI LINGADA HALLI
VILLAGE, KADUR TALUK, CHIKKAMAGALUR DISTRICT FOR A
PERIOD OF 20 YEARS VIDE ANNEXURE-A & ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
W.P.No.50347/2018 &
W.P.Nos.53098-53102/2018
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ORDER
Having heard learned counsel for the petitioners and learned HCGP appearing for the respondents, it appears just and proper to dispose of these petitions at this stage itself.
The brief aspects of the matter are that the ancestors of the present petitioners made respective applications for grant of quarrying lease/licence for quarrying white quartz over different areas of land in different survey numbers at Kadur Taluk, Chikkamagalur District in the year 2011. The respondent No.2 issued notices dated 10.01.2012 to the original applicants to show cause as to why the applications shall not be rejected since the land sought for quarrying fall within the forest area of Western Ghats, where the quarrying activities are prohibited. The applicants replied to the said notices on 23.01.2012.
Learned counsel for the petitioners would submit that as per the report of the High Level Working Group on Western Ghats published by the Ministry of Environment and Forest, Government of India, the land in question is not declared as forest area. The petitioners, being the legal representatives of the original applicants, have made representations to consider W.P.No.50347/2018 & W.P.Nos.53098-53102/2018 -5- the applications made by their ancestors, which have not been disposed of by the authorities concerned as yet.
Learned HCGP is not in a position to dispute the facts as asserted on the petitions that the applications have indeed remained pending for all this time.
In the given set of facts and circumstances, it appears just and proper to observe that the authorities concerned should take final decision on the said pending applications at the earliest, of course, in accordance with law.
For what has been observed hereinabove, these petitions stand disposed of at this stage itself with the requirement that the respondent No.2 - Director, Department of Mines and Geology, shall consider the applications in question and shall take final decision thereupon in accordance with law and at the earliest, preferably within 90 days from the date of receipt of certified copy of this order.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB