Karnataka High Court
Sri. P Sudharani vs State Of Karnataka on 6 July, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
IN THE HIGH COURT OF KARNATAKA
AT BENGALURU
Dated this the 6th 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.26256 of 2017 (GM-MM-S)
BETWEEN:
SRI.P.SUDHARANI
W/O.P.SRINIVAS RAO
AGED ABOUT 38 YEARS
RESIDING AT UDUMKAL VILLAGE
VENKATAGIRI, GANGAWATI TALUK
KOPPAL, KARNATAKA, PIN-583 227 ...PETITIONER
(BY SRIMATI.ANUPARNA BORDOLOI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560 001
2. DEPUTY DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN
2
RACE COURSE ROAD
BENGALURU-560 001
3. SENIOR GEOLOGIST (M&J)
DEPARTMENT OF MINES & GEOLOGY
KOPPAL DISTRICT
KARNATAKA, PIN-583 227
4. ASSISTANT COMMISSIONER
SUB DIVISIONAL OFFICE
GANGAVATHI
KOPPAL DISTRICT, PIN-583 227
5. TAHASILDAR
GOVERNMENT OF KARNATAKA
GANGAVATHI
KOPPAL DISTRICT
PIN-583 227 ...RESPONDENTS
(BY SHRI.VENKATASWAMY GANGADHAR
BHANUPRAKASH, ADDITIONAL GOVERNMENT
ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO SET ASIDE THE LETTER DATED 9.12.2016
ISSUED TO R-3 BY R-5 INFORMING THAT THE NO
OBJECTION ISSUED TO THE PETITIONER CAN BE
REJECTED AT ANNEXURE-A AND SET ASIDE THE
LETTER DATED 1.8.2015 SUBMITTED BY R-5 TO R-3
INFORMING HIM THAT THE NO OBJECTION ISSUED TO
THE PETITIONER CAN BE REJECTED AT ANNEXURE-B
AND ETC.,
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING, THIS DAY, THE CHIEF
JUSTICE MADE THE FOLLOWING:-
3
ORDER
An application for renewal of mining lease is pending.
2. The Tahasildar, Gangavati, by his communication dated December 9, 2016, addressed to the Senior Geologist, Department of Mines and Geology, Koppal, opined against the renewal.
3. It is contended in the writ petition that the favourable opinions have been given in favour of other applicants for mining lease in relation to the same survey number.
4. We requested Mr.V.G.Bhanuprakash, learned additional government advocate, to take instructions.
5. Mr.V.G.Bhanuprakash, in his usual fairness submits, on instructions, that no objections were 4 granted in favour of other applicants in relation to the same survey number. Therefore, communications dated December 9, 2016, and August 1, 2015, issued by the Tahasildar, Gangavati, being Annexures 'A' and 'B' respectively, to the writ petition, are set aside.
6. We direct the Senior Geologist, Department of Mines and Geology, Koppal, to consider the application of the writ petitioner for renewal of mining lease ignoring the objection from the Tahasildar, Gangavati, for renewal of lease.
7. The writ petition stands disposed of.
8. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE cp*