Karnataka High Court
Sri. Venkateshwara Enterprises vs State Of Karnataka on 23 July, 2018
Bench: Chief Justice, R Devdas
W.P.No.29445/2018
and other matters
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JULY, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE R.DEVDAS
WRIT PETITION NOS. 29445/2018, 55926/2017,
18388/2018, 29374/2018, 49372/2017, 56502/2017,
8518/2018, 18007/2018, 18013/2018, 18395/2018,
27770-27771/2018, 28434/2018 & 49371/2017 (GM-MM-S)
IN W.P.NO.29445/2018
BETWEEN
SRI. VENKATESHWARA ENTERPRISES
# 01, SHESHADRI NILAYA,
NAVARATHNA AGRAHARA VILLAGE,
SADAHALLI POST,
BENGLAURU NORTH TALUK,
BENGLAURU - 562 110.
REP. BY ITS PROPRIETOR,
SRI. A NARAYANASWAMY ... PETITIONER
(BY SRI NAVEEN CHANDRA N., ADVOCATE)
AND
1. STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGLAURU - 560 001
2. THE PRINCIPAL SECRETARY OF GOVT.,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
VIKASA SOUDHA,
BENGALURU - 560 001
W.P.No.29445/2018
and other matters
-2-
3. THE DIRECTOR & COMMISSIONER
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVANA,
RACE COURSE ROAD,
BENGLAURU - 560 001
4. ADDITIONAL CHIEF SECRETARY AND CHAIRMAN
RULE 11 COMMITTEE, CONSTITUTED UNDER
KMMC RULES, 1994, VIDHANA SOUDHA,
BENGLAURU - 560 001
5. THE CHAIRMAN AND DEPUTY COMMISSIONER
DISTRICT TASK FORCE (MINES) COMMITTEE,
CHIKKABALLAPURA
TALUK AND DISTRICT - 562 101
... RESPONDENTS
(BY SRI VIKRAM HUILGOL, HCGP)
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
DATED: 06.07.2017 ISSUED BY 3RD RESPONDENT DIRECTOR
& COMPETENT AUTHORITY AT ANNEXURE-C IN RESPECT OF
QUARRY LEASE APPLICATION DATED: 07.03.2015 SEEKING
TO GRANT/EXECUTE A QUARRY LEASE TO EXTRACT GREY
GRANITE IN GOVT. REVENUE LAND BEARING SY.NO.144 OF
GUVALAKANAHALLI VILLAGE, CHIKKABALLAPURA TALUK,
CHIKKABALLAPURA DISTRICT OVER AN AREA OF 05 ACRES
AND 20 GUNTAS & ETC.
IN W.P.NO.55926/2017
BETWEEN
M/S T.J. STONE CRUSHING INDUSTRIES
REPR. BY ITS PROPRIETOR H.T. MANJU
AGED ABOUT 48 YEARS
S/O THIMME GOWDA,
R/O HARALAHALLI VILLAGE & POST
K R PATE TALUKA
MANDYA DISTRICT-571 436
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
W.P.No.29445/2018
and other matters
-3-
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BENGALURU
BENGALURU - 560 001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF COMMERCE & INDUSTRIES
VIKASA SOUDHA, BENGALURU
BENGALURU - 560 001
3. THE DIRECTOR & COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560 001
4. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY,
DEPARTMENT OF MINES & GEOLOGY,
MANDYA
MANDYA DISTRICT-571 401
5. THE DEPUTY COMMISSIONER & CHAIRMAN
DISTRICT TASK FORCE (MINES) COMMITTEE,
MANDYA,
MANDYA DISTRICT-571 401
... 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 SENIOR GEOLOGIST AND COMPETENT
AUTHORITY TO GRANT AND EXECUTE A QUARRY LEASE TO
EXTRACT ORDINARY BUILDING STONE OVER AN AREA OF 2-
00 ACRES IN GOVT. LAND BEARING SY.NO.10 OF SHIVAPURA
VILLAGE IN K.R.PETE TALUKA IN MANDYA DISTRICT AS PER
QUARRY LEASE APPLICATIN DTD 11.07.2011 FILED BY THIS
PETITINER IN TERMS OF ERSTWHILE RULE 21(1) OF KMMC
RULES, 1994 WHICH WAS IN FORCE TILL 11.08.2016 VIDE
ANNX-B FOR DEEMING TO HAVE RECEIVED OR OBTAINED
FOREST NOC & TECHNICAL REPORT AS PER LAW, BY
QUASHING OR SETTING ASIDE THE ENDORSEMENT DTD
05.06.2017 ISSUED BY R-4 SENIOR GEOLOGIST AND
COMPETENT AUTHORITY AND THE CIRCULAR DTD
02.09.2016 ISSUED BY R-3 DIRECTOR & CONTROLLING
W.P.No.29445/2018
and other matters
-4-
AUTHORITY VIDE ANNX-A & C RESPECTIVELY, AS HIGHLY
ILLEGAL, ARBITRARY AND UNCONSTITUTIONAL & ETC.
IN W.P.NO.18388/2018
BETWEEN
VISHWANATHA REDDY
S/O. VURUPAN GOWDA,
AGED ABOUT 33 YEARS,
RESIDING AT KHB COLONY,
HOUSE NO.1-11-37/97,
RAICHUR - 584 101.
RAICHUR DISTRICT.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, BENGALURU,
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF COMMERCE & INDUSTRIES,
VIKASA SOUDHA, BENGALURU,
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 AND DEPUTY COMMISSIONER`
DISTRICT TASK FORCE (MINES) COMMITTEE,
BALLARI DISTRICT,
BALLARI - 583 101.
... RESPONDENTS
(BY SRI VIKRAM HUILGOL, HCGP)
W.P.No.29445/2018
and other matters
-5-
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
DATED 14.8.2017 ISSUED BY R-3 AT ANNEX-A IN RESPECT
OF QUARRY LEASE APPLICATION DATED 18.11.2014 VIDE
ANNEX-B SEEKING TO GRANT / EXECUTE A QUARRY LEASE
TO EXTRACT MULTI-COLOUR GRANITE IN GOVERNMENT
LAND BEARING SY.NO. 819 OF TEKKALKOTE VILLAGE IN
SIRUGUPPA TALUKA, BALLARI DISTRICT OVER AN AREA OF
10.00 ACRES & ETC.
IN W.P.NO.29374/2018
BETWEEN
SREENATH. S
S/O S V SATYNARAYANA IYER
AGED ABOUT 50 YEARS,
SADAHALLY VILLAGE AND POST
DEVANAHALLI TALUKA
BENGALURU RURAL DISTRICT - 562 110.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, BENGALURU
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF COMMERCE & INDUSTRIES,
VIKASA SOUDHA, BENGALURU
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,
W.P.No.29445/2018
and other matters
-6-
VIDHANA SOUDHA,
BENGALURU - 560 001.
5. THE CHAIRMAN & DEPUTY COMMISSIONER
DISTRICT TASK FORCE (MINES) COMMITTEE,
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562 101.
... RESPONDENTS
(BY SRI VIKRAM HUILGOL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-3 TO GRANT AND EXECUTE A QUARRY LEASE TO
EXTRACT BLACK GRANITE IN GOVERNMENT LAND BEARING
SY.NOS. 37 OF R. KAMBALAHALI VILLAGE,
CHIKKABALLAPURA TALUKA AND DISTRICT, OVER AN AREA
OF 03.00 ACRES, PURSUANT TO A QUARRY LEASE
APPLICATION DATED 16.11.2011 VIDE ANNEX=B BY
QUASHING OR SETTING ASIDE THE ENDORSEMENT DATED
22.7.2017 VIDE ANNEX-A & ETC.
IN W.P.NO.49372/2017
BETWEEN
SMT M. RADHA
W/O B. KRISHNA
AGED ABOUT 45 YEARS,
RESIDING AT I FLOOR,
ABBU NIVAS, NEAR WATER BOOSTER,
SANGANAKALLU ROAD, BELLARY 583 104
BELLARY DISTRICT.
... 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,
W.P.No.29445/2018
and other matters
-7-
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,
2ND GATE, CANTONMENT,
BELLARY - 583 104.
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, BALLARI DISTRICT,
BELLARY - 583 104.
... RESPONDENTS
(BY SRI VIKRAM HUILGOL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET
ASIDE THE ENDORSEMENT DTD. 05.09.2017 ISSUED BY R-4
SENIOR GEOLOGIST & COMPETENT AUTHORITY PRODUCED
AT ANNX-A, REJECTING THE QL APPLICATION DTD.
20.09.2013 FILED BY THIS PETITIONER TO EXTRACT
ORDINARY BUILDING STONE, WHICH IS A NON-SPECIFIED
MINOR MINERAL, OVER AN AREA OF 22.50 IN GOVT. GAYALU
LAND SY.NO.198 OF HARAGINADONI VILLAGE IN BELLARY
TALUKA, BELLARY DISTRICT, DESPITE PASSING AN ORDER
DTD. 20.06.2017 BY THIS HON'BLE COURT, IGNORING THE
RECEIPT OF DEEMED REVENUE & FOREST NOC &
TECHNICAL REPORT IN TERMS OF RULE 8 (5) & (6) & ETC.
IN W.P.NO.56502/2017
BETWEEN
VIVEKANANDA SWAMY N.V.,
S/O N MURUGENDRAPPA
AGED ABOUT 65 YEARS,
NO.192 SREE SADANANDA
W.P.No.29445/2018
and other matters
-8-
1ST MAIN, 6TH CROSS
BASAWESWARA NAGARA
BELLARY - 583 101
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA ,BENGALURU
BENGALURU - 560 001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF COMMERCE & INDUSTRIES
VIKASA SOUDHA, BENGALURU
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, VIDHAN SOUDHA,
BENGALURU - 560 001
5. THE DEPUTY COMMISSIONER
& ALSO CHAIRMAN DISTRICT TASK FORCE (MINES)
COMMITTEE, YADAGIRI DISTRICT
YADAGIR - 585 201
... 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-3 DIRECT THE R-3 DIRECTOR/COMPETENT
AUTHORITY AND R-5 DEPUTY COMMISSIONER/ DISTRICT
TASK FORCE COMMITTEE CHAIRMAN, TO FORTHWITH
GRANT/EXECUTE A QUARRY LEASE TO EXTRACT PINK
GRANITE IN GOVT. LAND BEARING SY.NO.96 OF T. GODIHALL
VILLAGE IN SURAPURA TALUKA, YADAGIRI DIST., OVER AN
AREA OF 03.00 ACRES, PURSUANT TO QUARRY LEASE
APPLICATION DTD 07.01.2015 FILED BY THIS PETITIONER
W.P.No.29445/2018
and other matters
-9-
FOR DEEMING TO HAVE RECEIVED REVENUE NOC AS PER
NEWLY AMENDED RULES EFFECTIVE FROM 12.08.2016 &
18.11.2017 FOR A PERIOD OF 30 YEARS, BY WAY OF
QUASHING OR SETTING ASIDE THE ENDORSEMENT DTD
27.11.2017 ISSUED BY R-3 DIRECTOR VIDE ANNX-A & ETC.
IN W.P.NO.8518/2018
BETWEEN
M/S S.V.G EXPORTS PVT. LTD
REP. BY ITS MANAGING DIRECTOR -
A BHASKAR,
AGED 54 YEARS,
NO.19, DODDAKALLASANDRA,
KANAKAPURA MAIN ROAD,
BENGALURU-560 062.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, BENGALURU,
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY TO GOVT.
DEPARTMENT OF COMMERCE & INDUSTRIES,
VIKASA SOUDHA, BENGALURU,
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,
W.P.No.29445/2018
and other matters
- 10 -
DC OFF COMPOUND,
CHAMARAJ NAGAR DISTRICT,
CHAMARAJ NAGAR - 571 313.
... 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 OR QUASH OF SET ASIDE THE ENDORSEMENT DTD.
25.11.2017 ISSUED BY R-3 DIRECTOR / COMPETENT
AUTHORITY, DECLARING THE QUARRY LEASE APPLICATION
DTD. 04.08.2005 FILED BY THIS PETITIONER AS "IN-ELIGIBLE"
PRODUCED AT ANNX-A & ETC.
IN W.P.NO.18007/2018
BETWEEN
A. KRISHNA RAO
SON OF A. VENKOBA RAO,
AGED ABOUT 46 YEARS,
C/O. PATHANGE ENTERPRISES,
14TH WARD, KHB COLONY,
BALLARI ROAD,
SIRUGUPPA TALUKA - 583 121,
BALLARI DISTRICT.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, BENGALURU,
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF COMMERCE & INDUSTRIES,
VIKASA SOUDHA, BENGALURU,
BENGALURU - 560 001.
3. THE DIRECTOR & COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU - 560 001.
W.P.No.29445/2018
and other matters
- 11 -
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,
BALLARI DISTRICT, BALLARI-583 101.
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH OR SET ASIDE THE ENDORSEMENT DATED 14.8.2017
ISSUED BY R-3 VIDE ANNEX-A IN RESPECT OF QUARRY
LEASE APPLICATION DATED 18.12.2014 VIDE ANNEX-B,
SEEKING TO GRANT / EXECUTE A QUARRY LEASE TO
EXTRACT MULTI-COLOUR GRANITE IN GOVT. LAND BEARING
SY. NO. 819 OF TEKKALKOTE VILLAGE IN SIRUGUPPA
TALUKA, BALLARI DISTRICT OVER AN AREA OF 10.00 ACRES
& ETC.
IN W.P.NO.18013/2018
BETWEEN
Y. KUMARAPPA
SON OF HALIPEERAPPA,
AGED ABOUT 69 YEARS,
24TH WARD, SIRUGUPPA,
SIRUGUPPA TALUKA-583 121,
BALLARI DISTRICT.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, BENGALURU,
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF COMMERCE & INDUSTRIES,
W.P.No.29445/2018
and other matters
- 12 -
VIKASA SOUDHA, BENGALURU,
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,
BALLARI DISTRICT,
BALLARI-583 101.
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT DATED 14.08.2017 ISSUED BY
3RD RESPONDENT DIRECTOR & COMPETENT AUTHORITY
PRODUCED AT ANNEXURE-A, IN RESPECT OF QUARRY
LEASE APPLICATION DATED 25.07.2015 PRODUCED AT
ANNEXURE-B, SEEKING TO GRANT/EXECUTE A QUARRY
LEASE TO EXTRACT MULTI-COLOUR GRANITE IN GOVT.
LAND BEARING SY.NO.819 OF TEKKALKOTE VILLAGE IN
SIRUGUPPA TALUKA, BALLARI DISTRICT, OVER AN AREA OF
10.00 ACRES & ETC.
IN W.P.NO.18395/2018
BETWEEN
RAJIV S/O. TARANATHA RAO,
AGED ABOUT 46 YEARS,
NO.151/78, VIJAYA VITALA NAGARA,
2ND MAIN ROAD, SIRUGUPPA,
SIRUGUPPA TALUKA - 583121.
BALLARI DISTRICT.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
W.P.No.29445/2018
and other matters
- 13 -
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 AND DEPUTY COMMISSIONER`
DISTRICT TASK FORCE
(MINES) COMMITTEE,
BALLARI DISTRICT,
BALLARI - 583101.
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH OR SET ASIDE THE ENDORSEMENT DATED
14.08.2017 ISSUED BY 3RD RESPONDENT DIRECTOR &
COMPETENT AUTHORITY PRODUCED AT ANNEXURE-A IN
RESPECT OF QUARRY LEASE APPLICATION DATED
28.06.2014, SEEKING TO GRANT/EXECUTE A QUARRY LEASE
TO EXTRACT MULTI-COLOUR GRANITE IN GOVT. LAND
BEARING SY.NO.256 OF HERAKAL VILLAGE IN SIRUGUPPA
TALUKA, BALLARI DISTRICT, OVER AN AREA OF 5.00 ACRES;
& ETC.
W.P.No.29445/2018
and other matters
- 14 -
IN W.P.NOS.27770-2771/2018
BETWEEN
SANDEEP M.J.,
S/O JAYAPPA
AGED ABOUT 28 YEARS,
R/A NO.12, MUGALAKUPPE VILLAGE
CHIKKABALLAPURA TALUK-562104
CHIKKABALLAPURA DISTRICT
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BENGALURU
BENGALURU - 560 001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPARTMENT OF COMMERCE
& INDUSTRIES
VIKASA SOUDHA, BENGALURU
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 II COMMITTEE,
CONSTITUTED UNDER KMMC RULES, 1994,
VIDHANA SOUDHA
BENGALURU - 560 001
5. THE CHAIRMAN & DEPUTY COMMISSIONER
DISTRICT TASK FORCE
(MINES) COMMITTEE
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562 101
... RESPONDENTS
(BY SRI V.G.BHANUPRAKASH, AGA)
W.P.No.29445/2018
and other matters
- 15 -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-3 DIRECTOR & COMPETENT AUTHORITY, TO
GRANT & EXECUTE A QUARRY LEASE TO EXTRACT GREY
GRANITE IN GOVT. LAND BEARING SY.NO.29, 116, 145 OF
MUGALAKUPPE, GOLLAHALLI, GUVVALAKANAHALLI VILLAGE,
CHIKKABALLAPURA TALUKA & DISTRICT RESPECTIVELY,
OVER AN AREA OF 03.00 ACRES, PURSUANT TO A QUARRY
LEASE APPLICATION DTD. 03.02.2015 PRODUCED AT ANNX-
B, BY QUASHING OR SETTING ASIDE THE ENDORSEMENT
DTD. 28.06.2017 PRODUCED AT ANNX-A ISSUED BY R-3 &
ETC.
IN W.P.NO.28434/2018
BETWEEN
K.J. CHANDRA SHEKHAR
S/O K JAYARAMAN
AGED ABOUT 31 YEARS
R/A 11/100, 7TH CROSS
S B M COLONY, BRINDAVAN NAGAR
MATHIKERE, BENGALURU - 560 054
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA, BENGALURU
BENGALURU - 560 001
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT OF COMMERCE & INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560 001
3. THE DIRECTOR
DEPARTMNT OF MINES & GEOLOGY
KHANIJA BHAVAN,
RACE COURSE ROAD
BENGALURU - 560 001
W.P.No.29445/2018
and other matters
- 16 -
4. THE SENIOR GEOLOGIST(MINES) &
COMPETENT AUTHORITY
DEPARTMENT OF MINES & GEOLOGY
CHIKKABALLAPUR - 562 101
5. THE DEPUTY COMMISSIONER & CHAIRMAN
DISTRICT TASK FORCE
(MINES) COMMITTEE,
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR - 562 101
... 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 THE R-4 SENIOR GEOLOGIST TO GRANT & EXECUTE
A QUARRY LEASE TO EXTRACT ORDINARY BUILDING
STONES, WHICH IS A NON-SPECIFIED MINOR MINERAL,
OVER AN AREA OF 04.20 ACRES IN GOVT. LAND BEARING
SY.NO.16 OF GANGAREKALUVE VILLAGE IN
CHIKKABALLAPUR TALUKA & DISTRICT AS PER QUARRY
LEASE APPLICATION DTD. 01.02.2016 FILED BY THIS
PETITIONER PRODUCED AT ANNX-B BY QUASHING OR
SETTING ASIDE THE REJECTION ORDER DTD. 25.04.2018
PASSED BY R-4 SENIOR GEOLOGIST PRODUCED AT ANNX-A
& ETC.
IN W.P.NO.49371/2017
BETWEEN
B KRISHNA
SON OF SATHYANARAYAN
AGED ABOUT 45 YEARS,
RESIDING AT NEAR WATER BOOSTER,
GANDHINAGAR, SANGANAKALLU ROAD,
BELLARY - 583 103.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
W.P.No.29445/2018
and other matters
- 17 -
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE & INDUSTRIES,
GOVERNMENT OF KARNATAKA,
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,
2ND GATE, CONTONMENT,
BELLARY - 583 104.
5. THE DEPUTY COMMISSIONER &
CHAIRMAN,
DISTRICT TASK FORCE
(MINES) COMMITTEE,
BALLARI 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 TO QUASH OR SET ASIDE THE ENDORSEMENT
DATED 5.9.2017 ISSUED BY R-4 AT ANNEX-A REJECTING THE
QL APPLICATION DATED 3.6.2016 FILED BY THIS PETITIONER
TO EXTRACT MURRAM, WHICH IS A NON-SPECIFIED MINOR
MINERAL, OVER AN AREA OF 12-00 ACRS IN GOVT. GAYALU
LAND SY. NO. 290/1 OF KAREAKALLU VILLAGE IN BELLARY
TALUKA, BELLARY DISTRICT, DESPITE PASSING AN ORDER
DATED 24.4.2017 BY THIS HON'BEL COURT IGNORING THE
RECEIPT OF DEEMED REVENUE AND FOREST NOC AND
TECHNICAL REPORT IN TERMS OF RULE 8(5) & (6) & ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE MADE THE FOLLOWING:
W.P.No.29445/2018
and other matters
- 18 -
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.
The office objections in W.P.Nos.55926/2017, 18388/2018 and 29374/2018 are waived on the submission made by learned counsel for the petitioners.
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 learned Additional Government Advocate as under:-W.P.No.29445/2018
and other matters
- 19 -
"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 was the responsibility of the concerned authority/authorities to obtain the clearances and technical reports; and for their omissions, W.P.No.29445/2018 and other matters
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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.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the W.P.No.29445/2018 and other matters
- 21 -
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