Karnataka High Court
Mrs G Vasantha Kokila vs State Of Karnataka on 13 December, 2018
Bench: Chief Justice, S.Sujatha
W.P.No.53618/2018
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION NO.53618 OF 2018 (GM-MM-S)
BETWEEN:
MRS. G. VASANTHA KOKILA
W/O H. SAMPATH KUMAR,
AGED ABOUT 40 YEARS,
R/AT NO.419, ABBAYAPPA LAYOUT,
1ST CROSS, CHELIKERE EXTENSION,
KALYANA NAGAR POST,
BENGALURU - 560 043.
... PETITIONER
(BY SRI R.G. KOLLE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED 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 & COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY
W.P.No.53618/2018
-2-
KHANIJA BHAVAN
RACE COURSE ROAD
BENGLAURU - 560 001
4. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
CHIKKABALLAPURA
CHIKKABALLAPURA - 562 101
5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE
(MINES) COMMITTEE
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562 101
... RESPONDENTS
(BY SRI A.M. SURESH REDDY, ADDITIONAL GOVERNMENT
ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-5 TO COMMUNICATE TO R-4 TO GRANT &
EXECUTE QUARRY LEASE TO EXTRACT ORDINARY BUILDING
STONES/M-SAND WHICH IS A NON-SPECIFIED MINOR
MINERAL, IN GOVT. LAND BEARING SY.NO.58 OF
AMMATTAHALLI VILLAGE IN CHINTAMANI TALUKA,
CHIKKABALLAPURA DISTRICT, OVER AN AREA OF 05.00
ACRES FOR DEEMING TO HAVE RECEIVED REVENUE NOC,
FOREST NOC AND TECHNICAL REPORT AS PER QUARRY
LEASE APPLICATION DTD 04.08.2016 FILED BY THIS
PETITIONER VIDE ANNX-A, THEREBY GRANT AND EXECUTE A
CONDITIONAL QUARRY LEASE IMMEDIATELY FOR A PERIOD
OF 20 YEARS, IN TERMS OF NEWLY AMENDED RULE 8(6) OF
KMMC RULES EFFECTIVE FROM 12.08.2016 & ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
W.P.No.53618/2018
-3-
ORDER
Having heard learned counsel for the petitioner and learned AGA appearing for the respondents, it appears just and proper to dispose of this petition at this stage itself.
Shorn of unnecessary details, the relevant aspects of the present matter are that the petitioner herein is stating grievance that her application for grant of quarrying lease/licence for quarrying m-sand/building stone over an extent of 5-00 acres of land in Survey No.58 at Amattahalli Village, Chintamani Taluk, Chikkaballapura District, though made way back on 04.08.2016, has not been considered and disposed of by the authorities concerned as yet.
Learned AGA is not in a position to dispute the facts as asserted on the petition that the application made by the petitioner has 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 application made by the petitioner at the earliest, of course in accordance with law.
For what has been observed hereinabove, this petition stands disposed of at this stage itself with the requirement that the respondent No.4 - Deputy Director, Department of Mines W.P.No.53618/2018 -4- and Geology, Chikkaballapura District, shall consider the application made by the petitioner 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