Karnataka High Court
Keshav Murthy vs State Of Karnataka on 27 August, 2018
Bench: Chief Justice, R Devdas
W.P.No.34938/2018 &
other matters
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF AUGUST, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE R.DEVDAS
WRIT PETITION NOS.34938/2018, 35688/2018,
AND 35692/2018 (GM-MM-S)
IN W.P.NO.34938/2018
BETWEEN
KESHAV MURTHY
S/O RAMAIAH
AGED ABOUT 25 YEARS,
# 108, 1ST MAIN, 1ST CROSS,
RAMPURA MAIN ROAD,
NANDAGOKULA LAYOUT
BANGALORE - 560 045
... 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
W.P.No.34938/2018 &
other matters
-2-
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
CHIKKABALLAPURA - 562 110
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK
FORCE (MINES) COMMITTEE,
CHIKKABALAPURA DISTRICT
CHIKKABALLAPURA - 562110
... RESPONDENTS
(BY SRI SURESH REDDY A.M., 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 & EXECUTE A QUARRY
LEASE TO EXTRACT ORDINARY BUILDING STONE IN GOVT.
LAND BEARING SY.NO.22 OF HULIKUNTE VILLAGE,
GOURIBIDANUR TALUKA, CHIKKABALLAPURA DISTRICT,
OVER AN AREA OF 03.00 ACRES, PURSUANT TO A QUARRY
LEASE APPLICATION DATED 27.09.2014 PRODUCED AT
ANNEXURE-B, BY QUASHING OR SETTING ASIDE THE
ENDORSEMENT DATED 10.07.2017 PRODUCED AT
ANNEXURE-A & ETC.
IN W.P.NO.35688/2018
BETWEEN
M/S SKANDA CRUSHER
NO.901/1, 8TH MAIN ROAD,
BRUNDAVAN NAGAR,
W.P.No.34938/2018 &
other matters
-3-
SRINAGAR,
BANGALORE - 560 050
REP. BY A.G. LINGESH
... PETITIONER
(BY SRI B.S. PRAKASH, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
COMMERCE AND INDUSTRIES
DEPARTMENT,
(MSME & MINES)
VIKASA SOUDHA,
BANGALORE - 560 001
2. THE DIRECTOR/COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVANA,
R.C.ROAD,
BANGALORE - 560 001
3. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES & GEOLOGY,
KANDAYA BHAVANA,
(D.C.'S OFFICE BLDG)
RAMANAGAR - 562 127
... 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 08.12.2016 ISSUED BY
THE DEPUTY DIRECTOR, DEPARTMENT OF MINES &
GEOLOGY, RAMANAGAR, THE ORIGINAL OF THE
ENDORSEMENT DATED 08.12.2016 ISSUED BY THE DEPUTY
DIRECTOR HAS BEEN PRODUCED AT ANNEXURE-A & ETC.
W.P.No.34938/2018 &
other matters
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IN W.P.NO.35692/2018
BETWEEN
M/S RASHI GRANITE EXPORTS (I) PVT. LTD.
NO.117 & 118, 4TH PHASE,
BOMMASANDRA INDUSTRIAL AREA,
JIGANI LINK ROAD,
BANGALORE - 560 099
REPRESENTED BY ITS DIRECTOR,
SRI RATAN KUMAR KANDOI
... PETITIONER
(BY SRI B.S. PRAKASH, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
COMMERCE AND INDUSTRIES DEPARTMENT,
(MSME & MINES)
VIKASA SOUDHA,
BANGALORE - 560 001
2. THE DIRECTOR/COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVANA, R.C.ROAD,
BANGALORE - 560 001
3. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES & GEOLOGY,
KANDAYA BHAVANA, (D.C'S OFFICE BLDG)
RAMANAGAR - 562 127
... 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 15.12.2017 ISSUED BY
THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND
GEOLOGY, BANGALORE THE ORIGINAL OF THE
ENDORSEMENT DATED 15.12.2017 ISSUED BY THE DEPUTY
DIRECTOR HAS BEEN PRODUCED AT ANNEX-A & ETC.
W.P.No.34938/2018 &
other matters
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THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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.
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 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:-
"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 W.P.No.34938/2018 & other matters -6- 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, the applications could not have been rejected. We find no reason to take any different view of the matter.
W.P.No.34938/2018 & other matters -7- 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, if made in rejection of the application 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 lease deed within four weeks from the date of production of the certified copy of this order.
W.P.No.34938/2018 & other matters -8- The pending interlocutory application in W.P.No.34938/2018 also stands disposed of.
No costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB