Karnataka High Court
M/S Sri Vigneshwara Granites And vs The State Of Karnataka on 1 August, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
IN THE HIGH COURT OF KARNATAKA
AT BENGALURU
Dated this the 1st day of August, 2017
PRESENT:
THE HON'BLE MR SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE P S DINESH KUMAR
WRIT PETITION No.34204 OF 2017 (GM-MM-S)
BETWEEN:
M/s.SRI.VIGNESHWARA GRANITES AND
TILES, A PROPRIETORSHIP CONCERN
REPRESENTED BY ITS PROPRIETOR
SRI.B.RENUKARADYA
AGED ABOUT 43 YEARS
S/O.BASAVARAJ
HAVING ITS FACTORY AT
PLOT No.50, 51-C
HIREHALLI INDUSTRIAL AREA
TUMKUR-572 168 ...PETITIONER
(BY SHRI.B.S.PRAKASH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
COMMERCE & INDUSTRIES DEPARTMENT
(MSME & MINES), VIKASASOUDHA
BANGALORE-560 001
2
2. THE DIRECTOR / COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVANA, R.C.ROAD
BANGALORE-560 001
3. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES & GEOLOGY
GANDHINAGAR
TUMKUR-572 102 ...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
QUASH THE ENDORSEMENT DTD:10.7.2017 ISSUED BY
THE DEPUTY DIRECTOR [M.A], DEPARTMENT OF MINES
AND GEOLOGY THE ORIGINAL OF THE ENDORSEMENT
DTD:10.7.2017 ISSUED BY THE DEPUTY DIRECTOR HAS
BEEN PRODUCED AT ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE CHIEF JUSTICE MADE THE
FOLLOWING:-
3
ORDER
Issue notice to the respondents.
Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice of the writ petition to the respondents is dispensed with.
2. Mr.Prakash B.S., learned advocate appearing for the writ petitioner, has limited his prayer in the writ petition for issue of a direction to the authorities to execute the lease in favour of the writ petitioner.
3. Admittedly, the application for grant of lease was made prior to the amendment of the Karnataka Minor Mineral Concession Rules, 1994. Therefore, the endorsement issued against the writ petitioner was erroneous, inasmuch as the authorities proceeded on the erroneous assumption that the petitioner was ineligible. 4
4. Mr.Bhanuprakash, learned additional government advocate, submits that till today, no-objection from the Environment Department has not reached the concerned authorities.
5. It is the responsibility of the authorities to obtain such clearance as, also, the technical reports, if any.
6. The concerned authorities are directed to send their opinion to the authorities of the Mines and Geology Department within two weeks.
7. We set aside the endorsement produced as Annexure-A to the writ petition and direct the authorities to consider the request of the petitioner for execution of the lease deed in his favour, within four weeks from the date of communication of this order, subject to no-objection from the environment department as, also, the technical report from the departments concerned. 5
8. With the aforesaid directions, the writ petition stands disposed of.
9. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Yn.