Karnataka High Court
Sri.H.R.Shivashankar vs The State Of Karnataka on 18 February, 2022
Bench: Chief Justice, Suraj Govindaraj
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.20343 OF 2021 (GM-MMS)
BETWEEN:
SRI. H.R. SHIVASHANKAR
S/O RUDRAPPA
AGED ABOUT 48 YEARS
R/O AT N. PRATHAPREDDYNAGARA
HALAKUNDI POST
BELLARY DISTRICT-583102.
...PETITIONER
(BY SRI. KALEEMULLAH SHARIFF, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY TO GOVERNMENT
VIDHANA SOUDHA
DR. AMBEDKAR VEEDHI
BENGALURU-560001
2. THE SECRETARY TO GOVERNMENT
OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRIES
VIKAS SOUDHA, BENGALURU-560001
3. THE SECRETARY TO GOVERNMENT
OF KARNATAKA
DEPARTMENT OF FORESTS
VIDHANA SOUDHA
BENGALURU-560001.
4. THE CHIEF CONSERVATOR OF FORESTS
BELLARY CIRCLE, MOTI CIRCLE
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BELLARY-583101
5. THE DEPUTY CONSERVATOR OF FORESTS
BELLARY SUB-DIVISION
II GATE, NEAR ZOO
BELLARY-583101
6. THE RANGE FOREST OFFICER
BELLARY DIVISION
BELLARY-583101
7. THE DEPUTY COMMISSIONER
BELLARY DISTRICT
OPPOSITE TO RAILWAY STATION
BELLARY-583101
8. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU-560001
9. THE SENIOR GEOLOGIST (M)
DEPARTMENT OF MINES AND GEOLOGY
II GATE, BELLARY-583101
... RESPONDENTS
(BY SMT. VANI.H, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENTS 8 AND 9 TO CONSIDER AND DISPOSE OF THE
REPRESENTATION DATED 31.07.2021 PRODUCED AS
ANNEXURE-F FOR GRANT OF MURRAM QUARRY IN RESPECT OF
REMAINING 5.00 ACRES OF LAND SITUATE AT HALADAHALLI
VILLAGE, BELLARY TALUK AND DISTRICT BY ISSUING A WRIT
OF MANDAMUS AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
SURAJ GOVINDARAJ J MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking the following reliefs:
i. Direct the respondents 8 and 9 to consider and dispose of the representation dated 31.07.2021 produced as Annexure-"F" for grant of Murram -3- Quarry in respect of remaining 5.00 acres of land situate at Haladahalli Village, Bellary Taluk and District by issuing a writ of mandamus.
ii. Issue such other writ, order or direction this Hon'ble Court deems necessary, in the circumstances of the case, interest of justice and equity.
2. The contention of the petitioner is that the petitioner had applied for grant of 10 acres of land for murram quarry, however, only 5 acres had been granted.
3. Smt.Vani H., learned Additional Government Advocate submits that in the earlier round of litigation in W.P.No.33159/2016, the petitioner had restricted his claim only to 5 acres and as such, 5 acres had been granted.
4. Sri.Kaleemullah Shariff, learned counsel for the petitioner does not dispute the said fact and contends that the petitioner has applied for grant of another 5 acres of land, which had not been granted.
5. We have perused the order dated 15.04.2019 passed in W.P.No.33159/2016 where the petitioner has categorically restricted his claim to 5 acres as recorded -4- in Para 6 of the said order and thereafter, this Court has directed the respondents to grant 5 acres of land to the petitioner as recorded in Para 7. When the petitioner himself has restricted his claim to 5 acres, the question of further grant of 5 acres would not arise.
6. Accordingly, the Writ Petition is dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Prs*