Karnataka High Court
G Mallikarjuna vs The State Of Karnataka on 20 November, 2018
Bench: Chief Justice, S.Sujatha
W.P.No.38426/2018
and other cases
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MRS.JUSTICE S.SUJATHA
WRIT PETITION NOS.38426/2018, 45971/2018, 46326/2018,
47906-47910/2018, 47958/2018, 47959/2018, 50259/2018,
50260/2018, 50470/2018 AND 45955/2017 (GM-MM-S)
IN W.P.No.38426/2018:
BETWEEN:
SRI. G. MALLIKARJUNA
S/O. SRI. GANGANNA,
AGED ABOUT 45 YEARS,
R/AT NO. 92, 4TH 'A' MAIN ROAD,
GOVINDARAJNAGAR,
VIJAYANAGAR,
BENGALURU-560 040.
REPRESENTED BY HIS G.P.A. HOLDER
SRI. A.R.SHARIFF.
...PETITIONER
(BY SRI.GANAPATHY BHAT VAJRALLI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
2. THE SECRETARY
COMMERCE AND INDUSTRIES,
DEPARTMENT OF COMMERCE (MINES),
VIKASA SOUDHA,
BENGALURU-560 001.
W.P.No.38426/2018
and other cases
-2-
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560 001.
4. THE JOINT DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
SOUTH DIVISION,
MYSORE-570 001.
5. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY,
BANGALORE URBAN DISTRICT,
V.V. TOWER,
DR. B. R. AMBEDKAR VEEDHI,
BENGALURU-560 001.
... RESPONDENTS
(BY SRI.VIKRAM HUILGOL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE BY ISSUING AN APPROPRIATE WRIT THAT THE
KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT)
RULES, 2016 DTD:12.08.2016, AS PER ANNEXURE-F, IN SO
FAR AS RULE 8B(2)(d) IS UNCONSTITUTIONAL, NULL AND
VOID AND SAME TO BE STRUCK DOWN AND ETC.
IN W.P.No.45971/2018:
BETWEEN:
M/S SHIVAGANGA GRANITES
A PROPRIETORSHIP CONCERN
REPRESENTED BY ITS PROPRIETOR
SRI S H RAJASHEKAR
S/O HULI GOWDA
AGED ABOUT 55 YEARS,
"SHIVAGANGA KRUPA" 1ST MAIN ROAD,
HEMAVATHI NAGAR
HASSAN-573 201.
... PETITIONER
(BY SRI.PRAKASH B S., ADVOCATE)
W.P.No.38426/2018
and other cases
-3-
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
COMMERCE & 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 SENIOR GEOLOGIST
DEPARTMENT OF MINES & GEOLOGY
DEPUTY COMMISSIONER &
DISTRICT OFFICES COMPLEX
SIDLAGHATTA ROAD,
CHIKKABALLAPURA-562 101
... 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 07.07.2017 ISSUED BY
THE DEPUTY DIRECTOR, DEPARTMENT OF MINES &
GEOLOGY, BANGALORE, WHICH HAS BEEN PRODUCED AT
ANNEXURE-A AND ETC.
IN W.P.No.46326/2018:
BETWEEN:
M/S BEERALINGESHWARA GRANITE INDUSTRIES
BASAVANAGAR, ILAKAL AT POST,
HUNAGUNDA TALUK,
BAGALAKOT DISTRICT 587125.
REP. BY ITS PARTNER,
MEHABOOBSAB MOHAMMADSAB MUDAGAL.
... PETITIONER
(BY SRI.NAVEEN CHANDRA N., ADVOCATE)
W.P.No.38426/2018
and other cases
-4-
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA, BENGALURU
BENGALURU-560001.
2. THE PRINCIPAL SECRETARY OF GOVT.
DEPARTMENT OF COMMERCE & INDUSTRIES,
VIKASA SOUDHA BENGALURU,
BENGALURU-560001.
3. THE DIRECTOR & COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVANA, RACE COURSE ROAD,
BENGALURU-560001.
4. ADDITIONAL CHIEF SECRETARY & CHAIRMAN
RULE 11 COMMITTEE
CONSTITUTED UNDER KMMC RULES, 1994,
VIDHANA SOUDHA,
BENGALURU-560001.
5. THE CHAIRMAN & DEPUTY COMMISSIONER
DISTRICT TASK FORCE (MINES ) COMMITTEE,
RAICHUR DISTRICT-584101.
... 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 OR SET ASIDE THE ENDORSEMENT DTD:23.11.2017
ISSUED BY R-3 DIRECTOR AT ANNEXURE-B IN RESPECT OF
QUARRY LEASE APPLICATION DTD:28.10.2014 AT
ANNEXURE-A SEEKING TO GRANT/EXECUTE A QUARRY
LEASE TO EXTRACT GREY GRANITE IN GOVT. REVENUE
LAND BEARING SY NO.10 OF HALKAVATIGI VILLAGE,
LINGASAGURU TALUK, RAICHUR DISTRICT OVER AN AREA
OF 5-00 ACRES AND ETC.
W.P.No.38426/2018
and other cases
-5-
IN W.P.Nos.47906-47910/2018:
BETWEEN:
1. SMT. A P ASHA
W/O SRI.T.SRINIVASA,
AGED ABOUT 45 YEARS,
R/AT VENKATESHWARA NAGARA,
KADURU TOWN & TALUK,
CHIKKAMAGALURU DISTRICT.
2. SRI.K.RAJU
S/O LATE KANNAPPA,
AGED ABOUT 47 YEARS
R/AT VENKATESHWARA NAGARA,
KADURU TOWN & TALUK,
CHIKKAMAGALURU DISTRICT.
3. SRI.M.R.THAMBI
S/O LATE M.RAJU,
AGED ABOUT 57 YEARS
R/AT MURUGAN COLONY,
KADURU TOWN & TALUK,
CHIKKAMAGALURU DISTRICT.
4. SRI.D.SUBRAMANYA
S/O SRI.DORESWAMY,
AGED ABOUT 37 YEARS
R/AT H.D.DEVEGOWDA BADAVANE,
KADURU TOWN & TALUK,
CHIKKAMAGALURU DISTRICT.
5. SRI.K.H.LAKKANNA
S/O SRI HALLAPPA,
AGED ABOUT 55 YEARS
R/AT KALIDASANAGAR,
N.H.ROAD, KADURU TOWN & TALUK,
CHIKKAMAGALURU DISTRICT.
... PETITIONERS
(BY SRI.M.PRAKASH, ADVOCATE FOR
SRI N.R.NAIK, ADVOCATE)
W.P.No.38426/2018
and other cases
-6-
AND
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY
COMMERCE AND INDUSTRIES
DEPARTMENT (MSME AND MINES)
VIKASA SOUDHA,
BENGALURU-560 001.
2. DIRECTOR / COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVANA, RACE COURSE ROAD,
BENGALURU-560 001.
3. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES & GEOLOGY,
OFFICE OF THE SENIOR GEOLOGIST,
CHIKKAMAGALURU-577 101.
... RESPONDENTS
(BY SRI.VIKRAM HUILGOL, HCGP)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENTS DTD:26.10.2016, 26.10.2016,
26.10.2016, 08.07.2014, 26.10.2016, ISSUED BY THE R-3 I.E.,
ANNEXURE-A1 TO A5 AS BEING VIOLATED OF ARTICLE 14
AND 19 OF THE CONSTITUTION OF INDIA AND ETC.
IN W.P.No.47958/2018:
BETWEEN:
SRI RAVI KUMAR K NAIK
S/O KUBASING HEMLAPPS NAIK,
AGED ABOUT 49 YEARS
PROPRIETOR OF M/S MANJUNATHA EXPORTS,
HUNAGUNDA, NO.57/1,
1ST FLOOR, ESHWARA TOWERS,
8TH MAIN ROAD, 10TH CROSS,
VASANTHANAGAR,
BANGALORE-560052
... PETITIONER
(BY SRI. ARAVIND B REDDY, ADVOCATE)
W.P.No.38426/2018
and other cases
-7-
AND
1. STATE OF KARNATAKA
REP. BY SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
(MSME, TEXTILE AND MINES)
VIKASA SOUDHA,
BANGALORE-560001
2. DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BANGALORE-560001
3. DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BANGALORE-560001
4. DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
RAMANAGARA DISTRICT,
RAMANAGARA-562101.
5. DISTRICT TASK FORCE COMMITTEE
REPRESENTED BY DEPUTY COMMISSIONER,
RAMANAGARA DISTRICT,
RAMANAGARA-562101
... RESPONDENTS
(BY SRI.VIKRAM HUILGOL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT AT ANNEXURE-A DATED
11.10.2017 PASSED BY THE R-3 IN RESPECT OF THE
SCHEDULE PROPERTY AND ETC.
IN W.P.No.47959/2018:
BETWEEN:
SRI DINESH M NAIK
S/O MUKUND LAMANI,
AGED ABOUT 35 YEARS
W.P.No.38426/2018
and other cases
-8-
RESIDING AT NO.190/2
1ST A MAIN ROAD, 7TH CROSS,
GURURAJ LAYOUT, DODDANEKUNDI,
MARATHAHALLI,
BANGALORE-560037.
... PETITIONER
(BY SRI.ARAVIND B.REDDY, ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
(MSME, TEXTILE AND MINES)
VIKASA SOUDHA,
BANGALORE-560001
2. DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE-560001
3. DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE-560001
4. DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
RAMANAGARA DISTRICT,
RAMANAGARA-562101
5. DISTRICT TASK FORCE COMMITTEE
REPRESENTED BY DEPUTY COMMISSIONER,
RAMANAGARA DISTRICT,
RAMANAGARA-562101
... RESPONDENTS
(BY SRI.VIKRAM HUILGOL, HCGP)
W.P.No.38426/2018
and other cases
-9-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT AT ANNEXURE-A DATED
11.10.2017 PASSED BY THE R-3 IN RESPECT OF THE
SCHEDULE PROPERTY AND ETC.
IN W.P.No.50259/2018:
BETWEEN:
D. MUNIRAJU
S/O LATE DASAPPA
AGED 58 YEARS
R/O NO.13/2, APARTMENT NO F-1,
1ST FLOOR, 3RD MAIN ROAD,
1ST STAGE, K.H.B COLONY,
BASAVESHWARANAGAR
BENGALURU - 560079
... PETITIONER
(BY SRI.K B SHIVA KUMAR, ADVOCATE)
AND
1. THE CHIEF SECRETARY
GOVERNMENT OF KARNATAKA
VIDHANA SOUDHA
BENGALURU - 560001
2. THE PRINCIPAL SECRETARY
COMMERCE AND INDUSTRIES DEPARTMENT,
VIKASA SOUDHA
BENGALURU - 560001
3. THE SECRETARY
DEPARTMENT OF INDUSTRIES AND COMMERCE
VIKASA SOUDHA
BENGALURU - 560001
4. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
NO.49, KHANIJA BHAVAN
RACE COURSE ROAD,
BENGALURU - 560001
W.P.No.38426/2018
and other cases
- 10 -
5. THE SENIOR GEOLOGIST (MINES)
DEPARTMENT OF MINES AND GEOLOGY
CHIKKABALLAPURA - 562101
6. THE DEPUTY COMMISSIONER
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562105
7. THE ASSISTANT CONSERVATOR OF FOREST
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562105
8. THE DEPUTY CONSERVATOR OF FOREST
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA - 562105
... RESPONDENTS
(BY SRI.VIKRAM HUILGOL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ENDORSEMENT DTD:03.07.2017 PRODUCED AT
ANNEXURE-A BY R-5 AND ETC.
IN W.P.No.50260/2018:
BETWEEN:
M/S. KANAKASHREE BUILDTECH
NO 5, LINGADEERANAHALLI VILLAGE,
HEMMIGEPURA POST,
BANASHANKARI 6TH STAGE, 3RD BLOCK,
BENGALURU - 560062
REPRESENTED BY ITS PROPRIETRIX
SMT R BHAVYA
AGED 30 YEARS
... PETITIONER
(BY SRI.K B SHIVA KUMAR, ADVOCATE)
W.P.No.38426/2018
and other cases
- 11 -
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY
TO GOVERNMENT
VIDHANA SOUDHA
BENGALURU - 560001
2. THE SECRETARY TO GOVERNMENT OF
KARNATAKA (MINES)
DEPARTMENT OF COMMERCE & INDUSTRIES
VIKASA SOUDHA
BENGALURU - 560001
3. THE SECRETARY TO GOVERNMENT OF
KARNATAKA DEPARTMENT OF FOREST
VIDHANA SOUDHA
BENGALURU - 560001
4. THE DEPUTY CONSERVATOR OF FOREST
BENGALURU RURAL DISTRICT DIVISION
MALLESWARAM
BENGALURU - 560003
5. THE ASSISTANT CONSERVATOR OF FOREST
DODDABALLAPURA SUB-DIVISION
DODDABALLAPURA
BENGALURU RURAL DISTRICT - 561203
6. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT
VISHVESWARAIAH TOWERS,
BENGALURU - 560001
7. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
NO 49, KHANIJA BHAVAN
RACE COURSE ROAD,
BENGALURU - 560001
8. THE DEPUTY DIRECTOR (M.A.),
OFFICE OF THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY
NO 49, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560001
W.P.No.38426/2018
and other cases
- 12 -
9. DISTRICT TASK FORCE (MINES) COMMITTEE
HEADED BY THE DEPUTY COMMISSIONER,
AS ITS CHAIRMAN
O/O THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT
BENGALURU - 560001
10. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
BENGALURU NORTH DIVISION
VISHVESWARAIAH TOWERS,
BENGALURU - 560001.
... RESPONDENTS
(BY SRI.VIKRAM HUILGOL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ENDORSEMENT DTD:20.06.2017 PRODUCED AT
ANNEXURE-A AND ETC.
IN W.P.No.50470/2018:
BETWEEN:
SRI R NAVEEN KUMAR
AGED ABOUT 38 YEARS,
S/O RAMAPPA,
DOOR NO.77/1, CHOKKANAHALLI,
BAGALUR POST, JALAHOBLI,
BANGALORE NORTH-562149.
... PETITIONER
(BY SRI.PRAKASH B S., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
COMMERCE & INDUSTRIES DEPARTMENT,
(MSME & MINES)
VIKASA SOUDHA,
BANGALORE-560001.
W.P.No.38426/2018
and other cases
- 13 -
2. THE DIRECTOR/COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVANA, R.C.ROAD,
BANGALORE-560001.
3. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES & GEOLOGY,
DEPUTY COMMISSIONER & DISTRICT OFFICES
COMPLEX,
SIDLAGHATTA ROAD,
CHIKKABALLAPURA-562101.
... 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 DTD:22.07.2017 ISSUED BY THE
SENIOR GEOLOGIST, DEPARTMENT OF MINES AND
GEOLOGY, CHIKKABALLAPUR, WHICH HAS BEEN PRODUCED
AT ANNEXURE-A AND ETC.
IN W.P.No.45955/2017:
BETWEEN:
M/S. SRI ANJANEYA QUARRIES
NO.85, 4TH CROSS, SWATHANTHRANAGARA
CHIKKABASAVANAPURA
VIRGONAGAR POST
BENGALURU - 560 049
REPRESENTED BY ITS MANAGING PARTNER
SRI T KUMAR
... PETITIONER
(BY SRI.GANAPATHY BHAT VAJRALLI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
W.P.No.38426/2018
and other cases
- 14 -
VIDHANA SOUDHA
DR B.R. AMBEDKAR VIDHI
BENGALURU-560 001
2. THE PRINCIPAL SECRETARY
TO GOVERNMENT
DEPARTMENT OF COMMERCE
AND INDUSTRIES
VIKASA SOUDHA
BENGALURU-560 001
3. THE DIRECTOR AND COMMISSIONER
DEPARTMENT OF MINES AND GEOLOGY
KANIJA BHAVAN
RACE COURSE ROAD
BENGALURU-560 001
4. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA-562 101
5. THE CHAIRMAN AND
DEPUTY COMMISSIONER
DISTRICT TASK FORCE
(MINES) COMMITTEE
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA-562 101.
... RESPONDENTS
(BY SRI.VIKRAM HUILGOL, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-3 TO GRANT APPROVAL AND ISSUE
AMENDED/MODIFIED QUARRY LEASE BOOK BY INCLUDING
NEWLY DISCOVERED DEFINITE MINOR MINERAL NAMELY,
ORNAMENTAL GRANITE WHICH IS A SPECIFIED MINOR
MINERAL REPLACING ERSTWHILE QUARRY LEASE BOOKS
ISSUED BY THE R-4 AND ETC.
THESE PETITIONS COMING ON FOR ORDERS AND
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE
FOLLOWING:
W.P.No.38426/2018
and other cases
- 15 -
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.
Learned counsel for the petitioner in W.P.Nos.38426/2018 and 45955/2017, has moved respective memos that he is not pressing on the challenge to the validity of Rule 8B(2)(d) and 8B(1) of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.
Though it is pointed out that in W.P.No.38426/2018 the petitioner has chosen to prefer a revision petition challenging the impugned order dated 28.02.2017, the same was dismissed as being barred by time. Be that as it may, having regard to the circumstances of the case and the orders passed in similar nature petitions, we are clearly of the view that the petitioner is entitled to the same relief as allowed in the other similarly circumstanced cases.
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/orders and restoring the applications for reconsideration or while requiring the pending applications to be considered in W.P.No.38426/2018 and other cases
- 16 -
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 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 W.P.No.38426/2018 and other cases
- 17 -
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.
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/orders, if made in rejection of the application of the writ petitioners 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.
W.P.No.38426/2018
and other cases
- 18 -
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.
No costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB