Gvr Infra Projects Ltd vs The Deputy Director, Department Of ... on 3 December, 2021

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Karnataka High Court

Gvr Infra Projects Ltd vs The Deputy Director, Department Of ... on 3 December, 2021

Bench: Ritu Raj Awasthi

                          -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 3RD DAY OF DECEMBER, 2021

                       PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                          AND

   THE HON'BLE MR.JUSTICE N.K. SUDHINDRARAO

   WRIT PETITION NO. 21190 OF 2021 (GM-MM-S)

BETWEEN:
GVR INFRA PROJECTS LTD.,
HAVING ITS REGIONAL OFFICE AT
NO.476, TALA CAUVERY LAYOUT,
AMRUTHA HALLI, BYATARAYANAPURA,
NEW BANGALORE INTL. AIRPORT ROAD,
BENGALURU - 560 092.

REPRESENTED BY ITS POA HOLDER
SRI. K. MUDDUKRISHNAM NAIDU
S/O K. SUBBARAYALU NAIDU
AGED 57 YEARS.
                                           ... PETITIONER
(BY SRI NANDISH PATIL, ADVOCATE)


AND:
THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
NO.977, RAMAKRUPA, ASHRAM ROAD,
KARWAR,
UTTARA KANNADA DISTRICT - 581 301.
                                         ... RESPONDENT
(BY SRI S.S. MAHENDRA, AGA)
                              ---
      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
THE RESPONDENT TO CONSIDER THE APPLICATION FOR
RENEWAL I.E., FORM-R DATED 23.06.2018 VIDE ANENXURE-B
AND REPRESENTATION GIVEN BY THE PETITIONER DATED
18.10.2021 VIDE ANNEXURE-D AND ETC.
                                    -2-


     THIS PETITION COMING ON FOR PRELIMINARY HEARING
THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:

                                ORDER

Heard learned counsel for the petitioner and learned Addition Government Advocate appearing for the respondent.

2. This writ petition has been filed seeking following reliefs:

              "a)     Issue    a    writ   in    the   nature     of
      mandamus          directing      the       Respondent       to

consider the application for renewal i.e., Form-R dated 23.06.2018 vide ANNEXURE-B and representation given by the Petitioner dated 18.10.2021 vide Annexure-D in the interest of justice and equity.

b) Pass such other order/orders as this Hon'ble Court deems fit, including order as to cost, in the interest of justice and equity."

3. Learned Additional Government Advocate has taken objection regarding the maintainability of the writ petition on the ground of laches as the application of the petitioner is dated 23.06.2018. As per the case of the petitioner, the application of the petitioner is dated 23.06.2018 and he did not approach the Court in time. It is -3- submitted that the application dated 18.10.2021 is nothing but to overcome the laches in filing the writ petition.

4. Be that as it may, we feel it appropriate to direct the respondent to consider the application of the petitioner for renewal i.e., Form R dated 23.06.2018 and pass appropriate orders in accordance with law, in case the same has not been considered and decided till date. It is needless to observe that the application of the petitioner cannot be rejected only on the ground of latches.

6. With these observations, this writ petition is disposed of.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE VM

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