Karnataka High Court
Shivanna vs State Of Karnataka on 20 August, 2018
Bench: Chief Justice, R Devdas
W.P.No.35166/2018 &
other matters
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF AUGUST, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE R.DEVDAS
WRIT PETITION NOS.35166/2018, 34699/2018, 34701/2018,
34877/2018, 34880/2018, 34891/2018, 35172/2018 &
35757/2018, 35386/2018, 35387/2018, 34700/2018,
34702/2018, 34881/2018, 35167/2018, 35171/2018,
35173/2018 AND 35388/2018 (GM-MM-S)
IN W.P.NO.35166/2018
BETWEEN
SHIVANNA
S/O T. RAMAIAH
AGED ABOUT 48 YEARS
R/A NO.73, KADIGANAHALLI
BENGALURU NORTH(ADDL)
BANGALORE NORTH-562157
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BANGALORE-560001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE & INDUSTRIES
VIKASA SOUDHA
BENGALURU-560001
W.P.No.35166/2018 &
other matters
-2-
3. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU-560001
4. THE SENIOR GEOLOGIST(MINES) &
COMPETENT AUTHORITY
DEPARTMENT OF MINES & GEOLOGY
CHIKKABALLAPURA-562110
5. THE DEPUTY COMMISSIONER & CHAIRMAN,
DISTRICT TASK FORCE(MINES) COMMITTEE
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA-562110
... RESPONDENTS
(BY SRI. VIKRAM HUILGOL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-4 TO EXECUTE A QUARRY LEASE TO
EXTRACT ORDINARY BUILDING STONE IN GOVERNMENT
LAND BEARING SY.NO. 22 OF HULIKUNTE VILLAGE,
GOURIBIDANURU TALUKA, CHIKKABALLAPURA DISTRICT,
OVER AN AREA OF 05.00 ACRES, PURSUANT TO A QUARRY
LEASE APPLICATION DATED 27.9.2014 AT ANNX-B BY
QUASHING OR SETTING ASIDE THE ENDORSEMENT DATED
10.07.2017 AT ANNEX-A & ETC.
IN W.P.NO.34699/2018
BETWEEN
SHANMUKHA SALES PRIVATE LIMITED
REP. BY KRISHNAMURTHY
S/O NARAYANA SWAMY
AGED ABOUT 39 YEARS,
NO.812, ANJANAPPA BUILDING,
VARTHUR MAIN ROAD, SIDDAPUR VILLAGE,
RAMAGONDANAHALLI POST
BANGALORE-566 066
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
W.P.No.35166/2018 &
other matters
-3-
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-560 001
3. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN RACE COURSE ROAD,
BENGALURU-560 001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY
DEPARTMENT OF MINES & GEOLOGY
KOLAR-563 101
5. THE DEPUTY COMMISSIONER &
CHAIRMAN DISTRICT TASK FORCE (MINES)
COMMITTEE, KOLAR DISTRICT
KOLAR-563 101
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-4 TO GRANT AND EXECUTE A QUARRY LEASE TO
EXTRACT ORDINARY BUILDING STONE IN GOVERNMENT
GOMAL LAND BEARING SY.NO. 53 OF DHANAMATNAHALLI
VILLAGE, KOLARA TALUKA, KOLAR DISTRICT OVER AN AREA
OF 10.00 ACRES, PURSUANT TO A QUARRY LEASE
APPLICATION DATED 27.5.2015 VIDE ANNEX-B BY QUASHING
OR SETTING ASIDE THE ENDORSEMENT DATED 18.11.2016
VIDE ANNEX-A & ETC.
IN W.P.NO.34701/2018
BETWEEN
SUBRAMANYESHWARA ASSOCIATES
REP. BY SMT PADMA,
W/O KRISHNMURTHY,
W.P.No.35166/2018 &
other matters
-4-
AGED ABOUT 35 YEARS,
NARAYANASWAMY BUILDING
CITY BYPASS ROAD,
VEMGAL VILLAGE, KOLAR TALUKA,
KOLAR - 563101
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560001
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU - 560001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY
DEPARTMENT OF MINES AND GEOLOGY
KOLAR - 563101
5. THE DEPUTY COMMISSIONER & CHAIRMAN
DISTRICT TASK FORCE (MINES)
COMMITTEE, KOLAR DISTRICT
KOLAR - 563101
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-4 TO GRANT AND EXECUTE A QUARRY LEASE
TO EXTRACT ORDINARY BUILDING STONE IN GOVT., LAND
BEARING SY NO.24 OF MEDIHAL VILLAGE, KOLARA TALUKA,
KOLAR DISTRICT, OVER AN AREA OF 08.00 ACRES,
PURSUANT TO A QUARRY LEASE APPLICATION
DTD:15.6.2015 PRODUCED AT ANNEXURE-B BY QUASHING
W.P.No.35166/2018 &
other matters
-5-
OR SETTING ASIDE THE ENDORSEMENT DTD:18.11.2016
PRODUCED AT ANNEXURE-A & ETC.
IN W.P.NO.34877/2018
BETWEEN
S. KUMAR REDDY
S/O HONNURAPPA
AGED ABOUT 35 YEARS,
R/AT WARD NO.22,
J.P. NGARA, 2ND CROSS,
HOSPETE TALUKA,
BELLARY-583 201
... PETITIONER
(BY 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-560 001
3. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU-560 001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY
DEPARTMENT OF MINES & GEOLOGY
BELLARY-583 104
5. THE DEPUTY COMMISSIONER &
CHAIRMAN DISTRICT TASK FORCE (MINES)
COMMITTEE BELLARY DISTRICT
BELLARY-583 104
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
W.P.No.35166/2018 &
other matters
-6-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE 4TH RESPONDENT SENIOR GEOLOGIST &
COMPETENT AUTHORITY, TO GRANT AND EXECUTE A
QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONE
IN GOVT. LAND BEARING SY.NO.594 OF HALEKOTE VILLAGE,
SIRAGUPPA TALUKA, BELLARY DISTRICT, OVER AN AREA OF
05.50 ACRES, PURSUANT TO A QUARRY LEASE
APPLICATION DATED 26.12.2015 PRODUCED AT ANNEXURE-
B BY QUASHING OR SETTING ASIDE THE ENDORSEMENT
DATED 14.11.2016 PRODUCED AT ANNEXURE-A & ETC.
IN W.P.NO.34880/2018
BETWEEN
P. JAGANNATH
S/O RAMANJANI,
AGED ABOUT 35 YEARS,
R/AT WARD NO.32,
NEAR K.H.B.COLONY,
KOTE, BELLARY,
BELLARY-583103
... PETITIONER
(BY 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 AND INDUSTRIES,
VIKASA SOUDHA,
BENGALURU-560 001
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560 001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY,
W.P.No.35166/2018 &
other matters
-7-
DEPARTMENT OF MINES AND GEOLOGY,
BELLARY-583 104
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, BELLARY DISTRICT
BELLARY-583 104
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-4 TO GRANT AND EXECUTE A QUARRY LEASE
TO EXTRACT ORDINARY BUILDING STONE IN GOVT. LAND
BEARING SY NO.594 OF OF HALEKOTE VILLAGE SIRAGUPPA
TALUKA, BELLARY DISTRICT, OVER AN AREA OF 04.50
ACRES, PURSUANT TO A QUARRY LEASE APPLICATION
DTD:26.12.2015 PRODUCED AT ANNEXURE-B, BY QUASHING
OR SETTING ASIDE THE ENDORSEMENT DTD:14.11.2016
PRODUCED AT ANNEXURE-A & ETC.
IN W.P.NO.34891/2018
BETWEEN
S. KUMAR REDDY
S/O HONNURAPPA,
AGED ABOUT 35 YEARS,
R/AT WARD NO.22, J.P.NAGARA, 2ND CROSS,
HOSPETE TALUKA,
BELLARY-583201
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE AND INDUSTRIES,
VIKASA SOUDHA,
BENGALURU-560001
W.P.No.35166/2018 &
other matters
-8-
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY,
DEPARTMENT OF MINES AND GEOLOGY,
BELLARY-583104
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, BELLARY DISTRICT
BELLARY-583104
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-4 TO GRANT AND EXECUTE A QUARRY LEASE TO
EXTRACT ORDINARY BUILDING STONE IN GOVERNMENT
LAND BEARING SY.NO.594 OF HALEKOTE VILLAGE,
SIRAGUPPA TALUKA, BELLARY DISTRICT OVER AN AREA OF
19.00 ACRES, PURSUANT TO A QUARRY LEASE
APPLICATION DATED 26.12.2015 VIDE ANNEX-B, BY
QUASHING OR SETTING ASIDE THE ENDORSEMENT DATED
14.11.2016 VIDE ANNEX-A PASSED BY R-4 & ETC.
IN W.P.NOS.35172/2018 & 35757/2018
BETWEEN
M/S. GSG READMIX CONCRETE PVT. LTD.,
A COMPANY REGISTERED UNDER
THE INDIAN COMPANIES ACT,
REPRESENTED BY ITS DIRECTOR -
C. SONNEGOWDA S/O CHOWDE GOWDA,
NO.67/A, MUNIRAMAPPA GARDEN,
KEB LAYOUT, 1ST CROSS, SANJAY NAGAR,
BENGALURU-560094.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
W.P.No.35166/2018 &
other matters
-9-
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, BENGALURU,
BENGALURU-560001.
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF COMMERCE & INDUSTRIES,
VIKASA SOUDHA, BENGALURU.
BENGALURU-560001.
3. THE DIRECTOR & COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560001.
4. ADDITIONAL CHIEF SECRETARY & CHAIRMAN
RULE 11 COMMITTEE,
CONSTITUTED UNDER KMMC RULES, 1994,
VIDHANA SOUDHA, BENGALURU-560001.
5. THE CHAIRMAN & DEPUTY COMMISSIONER
DISTRICT TASK FORCE (MINES) COMMITTEE,
KOLAR DISTRICT, KOLAR,
KOLAR-563101.
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH OR SET ASIDE THE ENDORSEMENT DTD:21.7.2017
ISSUED BY R-3 PRODUCED AT ANNEXURE-A AS PER
QUARRY LEASE APPLICATION DTD:28.7.2014 PRODUCED AT
ANNEXURE-B, SEEKING GRANT OF A QUARRY LEASE TO
EXTRACT GREY GRANITE IN GOVT. LAND BEARING SY NO.77
AND 41 OF ANDRAHALI AND NANDIKAMANAHALLI VILLAGES
OF KOLAR TALUKA, KOLAR DISTRICT OVER AN AREA OF 4.00
ACRES AS SHOWN IN THE SKETCH & ETC.
IN W.P.NO.35386/2018
BETWEEN
N. MUNIRAJAPPA
S/O NARAYANAPPA
W.P.No.35166/2018 &
other matters
- 10 -
AGED ABOUT 65 YEARS,
R/AT BAIRASANDRA VILLAGE,
CHAKARASANAHALLI POST
KOLAR TALUKA
KOLAR-563101
... PETITIONER
(BY 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-560 001
3. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560 001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY
DEPARTMENT OF MINES & GEOLOGY
KOLAR-563 101
5. THE DEPUTY COMMISSIONER &
CHAIRMAN DISTRICT TASK FORCE (MINES)
COMMITTEE, KOLAR DISTRICT
KOLAR-563 101
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-4 TO GRANT AND EXECUTE A QUARRY LEASE TO
EXTRACT ORDINARY BUILDING STONE IN GOVERNMENT
GOMAL LAND BEARING SY.NO. 78 OF CHIKKANAHALLI
VILALGE, KOLAR TALUKA, KOLAR DISTRICT OVER AN AREA
OF 04.10 ACRES, PURSUANT TO A QUARRY LEASE
APPLICATION DATED 28.7.2008 VIDE ANNEX-B BY QUASHING
W.P.No.35166/2018 &
other matters
- 11 -
OR SETTING ASIDE THE NOTE SHEET ENDORSEMENT
DATED 23.1.2017 VIDE ANNEX-A & ETC.
IN W.P.NO.35387/2018
BETWEEN
M. NAVEEN KUMAR
S/O MUNIRAJAPPA
AGED ABOUT 40 YEARS,
R/AT BAIRASANDRA VILLAGE,
CHAKARASANAHALLI POST,
KOLARA TALUKA,
KOLAR-563 101
... PETITIONER
(BY 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-560 001
3. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560 001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY,
DEPARTMENT OF MINES & GEOLOGY,
KOLAR-563 101
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, KOLAR DISTRICT
KOLAR-563 101
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
W.P.No.35166/2018 &
other matters
- 12 -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE 4TH RESPONDENT SENIOR GEOLOGIST &
COMPETENT AUTHORITY, TO GRANT & EXECUTE A QUARRY
LEASE TO EXTRACT ORDINARY BUILDING STONE IN GOVT.
GOMAL LAND BEARING SY.NO.78 OF CHIKKANAHALLI
VILLAGE, KOLAR TALUKA, KOLAR DISTRICT, OVER AN AREA
OF 02.00 ACRES, PURSUANT TO A QUARRY LEASE
APPLICATION DATED 29.07.2008 PRODUCED AT ANNEXURE-
B, BY QUASHING OR SETTING ASIDE THE NOTE SHEET
ENDORSEMENT DATED 23.01.2017 PRODUCED AT
ANNEXURE-A & ETC.
IN W.P.NO.34700/2018
BETWEEN
H V VINOD KUMAR
S/O R VENKATESH GOWDA,
AGED ABOUT 39 YEARS,
HUNASIKOTE VILLAGE,
KONDASHETTIHALLY POST,
MALUR TALUKA-563130, KOLAR DISTRICT
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE AND INDUSTRIES,
VIKASA SOUDHA,
BENGALURU-560001
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560001
4. THE SENIOR GEOLOGIST (MINES)&
COMPETENT AUTHORITY,
W.P.No.35166/2018 &
other matters
- 13 -
DEPARTMENT OF MINES AND GEOLOGY,
KOLAR-563101
5. THE DEPUTY COMMISSIONER
AND CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, KOLAR DISTRICT
KOLAR-563101
... RESPONDENTS
(BY SRI A.M. SURESH REDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-4 TO GRANT AND EXECUTE A QUARRY LEASE
TO EXTRACT ORDINARY BUILDING STONE IN GOVT., LAND
BEARING SY NO.22 OF SULIKUNTE VILLAGE, BANGARAPETE
TALUKA, KOLAR DISTRICT, OVER AND AREA OF 04.00
ACRES, PURSUANT TO A QUARRY LEASE APPLICATION
DTD:01.01.2013 PRODUCED AT ANNEXURE-B, BY QUASHING
OR SETTING ASIDE THE ENDORSEMENT DTD:18.11.2016
PRODUCED AT ANNEXURE-A & ETC.
IN W.P.NO.34702/2018
BETWEEN
SRI BASAWESHWARA STONE WORKS
PROP: C.M. NAGARJ,
AGED ABOUT 66 YEARS,
CHIKKAJALA POST,
BANGALORE NORTH - 562 157.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE AND INDUSTRIES,
VIKASA SOUDHA,
BENGALURU-560001
W.P.No.35166/2018 &
other matters
- 14 -
3. THE DIRECTOR
DEPT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY,
DEPARTMENT OF MINES AND GEOLOGY,
CHIKKABALLAPURA-562110
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA-562110
... RESPONDENTS
(BY SRI A.M. SURESH REDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-4 TO GRANT AND EXECUTE A QUARRY LEASE TO
EXTRACT ORDINARY BUILDING STONE IN GOVERNMENT
LAND BEARING SY.NO. 37 OF BASAVANAHALLI VILLAGE,
GOWRIBIDANUR TALUKA, CHIKKABALLAPUR DISTRICT,
OVER AN AREA OF 10.00 ACRES, PURSUANT TO A QUARRY
LEASE APPLICATION DATED 30.05.2014 VIDE ANNEX-B BY
QUASHING OR SETTING ASIDE THE ENDORSEMENT DATED
15.7.2017 VIDE ANNEX-A & ETC.
IN W.P.NO.34881/2018
BETWEEN
ANIL KUMAR
S/O D. ANJANEYALU
AGED ABOUT 35 YEARS,
R/AT KHB COLONY, MT 4107,
GANDHINAGAR, MOK ROAD-583103
BELLARY
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
W.P.No.35166/2018 &
other matters
- 15 -
VIDHANA SOUDHA
BENGALURU-560001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE & INDUSTRIES
VIKASA SOUDHA
BENGALURU-560001
3. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY
DEPARTMENT OF MINES & GEOLOGY
BELLARY -583104
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, BELLARY DISTRICT
BELLARY - 583104
... RESPONDENTS
(BY SRI A.M. SURESH REDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE 4TH RESPONDENT SENIOR GEOLOGIST &
COMPETENT AUTHORITY, TO GRANT AND EXECUTE A
QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONE
IN GOVT. LAND BEARING SY.NO.594 OF HALEKOTE VILLAGE,
SIRAGUPPA TALUKA, BELLARY DISTRICT, OVER AN AREA OF
04.50 ACRES, PURSUANT TO A QUARRY LEASE
APPLICATION DATED 13.01.2016 PRODUCED AT ANNEXURE-
B, BY QUASHING OR SETTING ASIDE THE ENDORSEMENT
DATED 14.11.2016 PRODUCED AT ANNEXURE-A & ETC.
IN W.P.NO.35167/2018
BETWEEN
SRI D. SURESH GOWDA
S/O DODDALAKSHMAIAH,
AGED ABOUT 55 YEARS
W.P.No.35166/2018 &
other matters
- 16 -
R/AT 121, NEW NO 105,
10TH MAIN ROAD,
MALLESHWARAM,
BANGALORE - 560033
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560001
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN RACE COURSE ROAD,
BENGALURU - 560001
4. THE SENIOR GEOLOGIST (MINES AND GEOLOGY)
COMPETENT AUTHORITY
DEPARTMENT OF MINES AND GEOLOGY
CHIKKABALLAPURA - 562110
5. THE DEPUTY COMMISSIONER & CHAIRMAN
DISTRICT TASK FORCE MINES COMMITTEE
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562110
... RESPONDENTS
(BY SRI A.M. SURESH REDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-4 TO GRANT AND EXECUTE A QUARRY LEASE
TO EXTRACT ORDINARY BUILDING STONE IN GOVERNMENT
GOMAL LAND BEARING SY.NO. 37 OF BASAVANAHALLI
VILLAGE, GOWRIBIDANUR TALUKA, CHIKKABALLAPUR
DISTRICT, OVER AN AREA OF 05.00 ACRES, PURSUANT TO A
QUARRY LEASE APPLICATION DATED 27.5.2014 VIDE ANNEX-
W.P.No.35166/2018 &
other matters
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B BY QUASHING OR SETTING ASIDE THE ENDORSEMENT
DATED 15.7.2017 VIDE ANNEX-A & ETC.
IN W.P.NO.35171/2018
BETWEEN
SRI BASAWESHWARA STONE WORKS
PROP: C.M. NAGARAJ,
AGED ABOUT 66 YEARS
CHIKKAJALA POST
BANGALORE NORTH - 562157
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE AND INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560001
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU - 560001
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY
DEPARTMENT OF MINES AND GEOLOGY
CHIKKABALLAPURA - 562110
5. THE DEPUTY COMMISSIONER & CHAIRMAN
DISTRICT TASK FORCE MINES COMMITTEE
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562110
... RESPONDENTS
(BY SRI A.M. SURESH REDDY, AGA)
W.P.No.35166/2018 &
other matters
- 18 -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-4 TO GRANT AND EXECUTE A QUARRY LEASE
TO EXTRACT ORDINARY BUILDING STONE IN GOVT. LAND
BEARING SY NO.37 OF BASAVANAHALLI VILLAGE,
GOURIBIDANURU TALUKA, CHIKKABALLAPURA DISTRICT,
OVER AN AREA OF 08.00 ACRES, PURSUANT TO A QUARRY
LEASE APPLICATION DTD:30.5.2014 PRODUCED AT
ANNEXURE-B, BY QUASHING OR SETTING ASIDE THE
ENDORSEMENT DTD:15.7.2017 PRODUCED AT ANNEXURE-A
& ETC.
IN W.P.NO.35173/2018
BETWEEN
SRI SURESH
S/O LATE NANJAPPA,
AGED ABOUT 52 YEARS,
R/AT 50, 1ST MAIN ROAD,
12TH CROSS, MARUTHI NAGAR,
YALAHANKA,
BANGALORE NORTH-562 157
... PETITIONER
(BY 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-560 001.
3. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVAN
RACE COURSE ROAD,
BENGALURU-560 001.
W.P.No.35166/2018 &
other matters
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4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY,
DEPARTMENT OF MINES & GEOLOGY,
CHIKKABALLAPURA-562 110
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA-562 110
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-4 SENIOR GEOLOGIST AND COMPETENT
AUTHORITY, TO GRANT AND EXECUTE A QUARRY LEASE TO
EXTRACT ORDINARY BUILDING STONE IN GOVT., LAND
BEARING SY NO.116 OF GOLLAHALLI VILLAGE,
CHIKKABALLAPURA TALUKA, KOLAR DISTRICT, OVER AN
AREA OF 02.00 ACRES, PURSUANT TO A QUARRY LEASE
APPLICATION DTD:5.10.2005 PRODUCED AT ANNEXURE-B,
BY QUASHING OR SETTING ASIDE THE ENDORSEMENT
DTD:07.08.2018 PRODUCED AT ANNEXURE-A & ETC.
IN W.P.NO.35388/2018
BETWEEN
VINEEP. H
S/O PRABHAKARA REDDY,
AGED ABOUT 33 YEARS,
NO.170,HANUMANTHAPURA VILLAGE,
MEDIGESHI HOBLI,
MADHUGIRI TALUKA-572 133
TUMKURU DISTRICT
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA,
BENGALURU-560 001
W.P.No.35166/2018 &
other matters
- 20 -
2. THE PRINCIPAL SECRETARY TO GOVT.
DEPARTMENT OF COMMERCE
& INDUSTRIES
VIKASA SOUDHA
BENGALURU-560 001
3. THE DIRECTOR & COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD,
BENGALURU-560 001
4. ADDITIONAL CHIEF SECRETARY
& CHAIRMAN
RULE 11 COMMITTEE,
CONSTITUTED UNDER
KMMC RULES,1994,
VIDHANA SOUDHA,
BENGALURU-560 001
5. THE CHAIRMAN &
DEPUTY COMMISSIONER
DISTRICT TASK FORCE
(MINES) COMMITTEE,
TUMKURU DISTRICT
TUMKURU-572 105
... RESPONDENTS
(BY SRI A.M. SURESH REDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT TO QUASH OR SET ASIDE THE ENDORSEMENT DTD:
.07.2017 ISSUED BY THE R-3 DIRECTOR AND COMPETENT
AUTHORITY PRODUCED AT ANNXUR-A AS PER QUARRY
LEASE APPLICATION DTD:01.04.2015 PRODUCED AT
ANNEXURE-B, SEEKING GRANT OF QUARRY LEASE TO
EXTRACT ORNAMENTAL STONE/GRANITE IN GOVT. LAND
BEARING SY NO.144 OF HANUMANTHPURA VILLAGE OF
MADHUGIRI TALUKA, TUMAKURU DISTRICT OVER AN AREA
OF 03.00 ACRES AS SHOWN IN THE SKETCH & ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
W.P.No.35166/2018 &
other matters
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ORDER
These petitions involving similar and akin issues have been considered together and are taken up for final disposal at this stage itself by way of this common order.
In view of the submissions made by learned counsel for the petitioners, office objections in W.P.Nos.34699/2018, 34701/2018, 34877/2018, 34880/2018, 34891/2018, 35172/2018 & 35757/2018, 35386/2018 and 35387/2018 are waived.
It is not in dispute that several similar nature writ petitions have been considered and allowed by this Court, either while disapproving the similar endorsements/orders and restoring the applications for reconsideration or while requiring the pending applications to be considered in accordance with law, including a batch of writ petitions led by W.P.No.43235/2017, decided on 11.04.2018, wherein this Court has, inter alia, observed as under:
"In the order dated 24.10.2017 in W.P.No.44260/2017, this Court has taken note of the provisions contained in the amended Rule 8-B of the Rules and has also taken note of the candid submissions of the W.P.No.35166/2018 & other matters
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learned Additional Government Advocate as under:-
"5. Learned Additional Government Advocate submits that this Court in Writ Petition No.25421/2017 (DD 04.07.2017) and in several other matters has held that applications as that of the petitioner do not become ineligible if the application was received by the Competent Authority before 16.06.2015 and further, it is held that it is the responsibility of the Competent Authority to consult the authorities referred to in Rule 8(5) of the Rules and to obtain the certificates and reports referred to therein. He further submits that the application of the petitioner was received by the Competent Authority before 16.06.2015."
This Court has also considered the earlier orders passed in the matters and has allowed W.P.No.60155/2016 by the order dated 22.03.2018, while observing as under:
"Having regard to the submissions made, this petition stands disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions to the authorities of the Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs."
The proposition aforesaid, for all practical purposes, apply to these cases too. This Court has repeatedly observed that it W.P.No.35166/2018 & other matters
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was the responsibility of the concerned authority/authorities to obtain the clearances and technical reports; and for their omissions, the applications could not have been rejected. We find no reason to take any different view of the matter.
Accordingly, all these petitions stand disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deeds within four weeks from the date of production of the certified copy of this order.
No costs."
The position aforesaid applies to the present cases too. Accordingly, these writ petitions are also disposed of at this stage itself while disapproving the impugned endorsements/orders, if made in rejection of the applications of the writ petitioner/s and with the requirement that the authorities concerned shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today.
W.P.No.35166/2018 & other matters
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The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deed within four weeks from the date of production of the certified copy of this order.
No costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB