Karnataka High Court
Kumar Granite And Marbles vs The State Of Karnataka on 27 February, 2013
Bench: K.Sreedhar Rao, S.Abdul Nazeer
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27TH DAY OF FEBRUARY 2013
PRESENT
THE HON'BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.ABDUL NAZEER
WRIT PETITION No.5718/2008
C/w.
WP 5721/2008 & WP 5722/2008 & (GM-MM-S)
WP No.5718 OF 2008(GM-MMS):
BETWEEN:
1. KUMAR GRANITE & MARBLES
HAVING ITS OFFICE AT NO.25,
9TH CROSS, KUMARA PARK WEST
BANGALORE - 560020
REPRESENTED BY ITS PARTNER
R SHIVAKUMAR.
... PETITIONER
(By Sri H SRINIVAS RAO, ADV.,)
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
M S BUILDING, BANGALORE.
2. COMMITTEE CONSTITUTED UNDER
RULE 11 OF KMMC RULES 1994
REPRESENTED BY ITS CHAIRMAN
SECRETARY TO GOVERNMENT OF KARNATAKA,
DEPARTMENT OF COMMERCE AND INSUSTRIES,
M S BUILDINGS, DR AMBEDKAR VEEDHI
BANGALORE 560001
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BANGALORE.
... RESPONDENTS
(By Sri D. VIJAYAKUMAR, AGA FOR R1 RO R3)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION
DT. 21.6.2004 VIDE ANNEX.C. PREFERRED BY THE
PETITIONER FOR GRANT QUARRY LEASE TO AN EXTENT OF 5
ACRES 20 GUNTAS IN SY.NO.184 OF AT JYOTHI
GOWDANAPURA, CHAMARAJANAGAR TQ., AND DISTRICT.
WP NO 5721 OF 2008(GM-MMS)
BETWEEN:
1. SOUTH INDIAN STONE INDUSTRIES
HAVING ITS OFFICE AT
NO 25, 9 CROSS, KUMARA PARK WEST,
BANGALORE 560020
REPRESENTED BY ITS PARTNER
SMT RATHNAMMA
... PETITIONER
(By Sri H SRINIVAS RAO, ADV.,)
AND :
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
M S BUILDING, BANGALORE
2. COMMITTEE CONSTITUTED UNDER
RULE 11 OF KMMC RULES 1994
REPRESENTED BY ITS CHAIRMAN
SECRETARY TO GOVERNMENT OF KARNATAKA,
DEPARTMENT OF COMMERCE AND INSUSTRIES,
M S BUILDINGS, DR AMBEDKAR VEEDHI
BANGALORE 560001
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BANGALORE.
... RESPONDENTS
(By Sri D. VIJAYAKUMAR, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
3
DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION
DT.4.3.2004, VIDE ANN-C, PREFERRED BY THE PETITIONER
FOR GRANT QUARRY LEASE TO AN EXTENT OF 5 ACRES IN
SY.NO.184 OF AT JYOTHI GOWDANAPURA, CHAMRAJANAGAR
TQ. AND DIST.
WP NO 5722 OF 2008(GM-MMS)
BETWEEN :
1. SOUTH INDIAN STONE INDUSTRIES
HAVING ITS OFFICE AT NO 25,
9TH CROSS, KUMARA PARK WEST,
BANGALORE 560020
REPRESENTED BY ITS PARTNER
SMT RATHNAMMA
... PETITIONER
(By Sri H SRINIVAS RAO, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF COMMERCE AND INDUSTRIES
M S BUILDING, BANGALORE.
2. COMMITTEE CONSTITUTED UNDER
RULE 11 OF KMMC RULES 1994
REPRESENTED BY ITS CHAIRMAN-
SECRETARY TO GOVERNMENT OF KARNATAKA,
DEPARTMENT OF COMMERCE AND INSUSTRIES,
M S BUILDINGS, DR AMBEDKAR VEEDHI
BANGALORE 566001
3. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BANGALORE.
... RESPONDENTS
(By Sri D. VIJAYAKUMAR, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION
DT.31.7.2004 VIDE ANNEX.C. PREFERRED BY THE
PETITIONER FOR GRANT QUARRY LEASE TO AN EXTENT OF 3
4
ACRES IN SY.NO.184 OF AT JYOTHI GOWDANAPURA,
CHAMARAJANAGAR TQ., AND DISTRICT.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE
FOLLOWING:
ORDER
K.SREEDHAR RAO, Ag.C.J. (Oral) :
The petitioners have filed these petitions seeking directions to consider their representations at Annexure-C, D & A respectively in the above petitions. The petitioners are seeking permission to grant quarry lease to an extent of 3 acres in Sy.No.184 at Jyothi Gowdanapura, Chamarajanagar Tq., and District.
2. An application on an earlier occasion has been rejected by the Committee constituted under Rule 11 on the ground that there is a ban to grant quarry lease in the Gomal lands.
3. The counsel for the petitioners submits that in the decision of this Court in 2003 (5) Kar.L.J.291 (FB) in the case of D.C.Ramesh & others vs. State of Karnataka and others in paragraphs 18 and 19 has made the following observation:
"The only ground that is now urged by the learned Counsel for the petitioner is that decision in K.V.Vishwanath's case, supra, requires reconsideration as the finding, that reconsideration as the finding, that the circular is equivalent to Government Order is not 5 correct. It is also to be seen that a point, which was not raised earlier, cannot be permitted to be raised in a subsequent case and the same principle applies in case of PIL also. So also, a second PIL is not maintainable on the same cause of action. As stated, that some of the petitioners were common in the earlier writ petition and the present writ petition, but this fact was not brought to the notice of the Court at point of time is no ground for reconsideration more particularly in the facts of the given case. Be that as it may, we find that there is no merit in the contention of the learned Counsel appearing for the petitioner that the circular cannot be equated with Government Order for the purpose of Karnataka Land Revenue Act. As stated, the expression of decision and intention of the Government may be by circular or Government Order. Both would have the same effect of conveying guideline for consideration of application for grant or renewal of quarrying licence according to the fact situation of each case, in accordance with law. It is clear from the circular dated 24.2.1999 that the same has been issued pursuant to the decision of the Government to provide opportunity for quarrying in pasture lands covered with large granite and hard rocks, and a guideline is issued by way of circular in modification of earlier circulars dated 14.10.1998 and 22.12.1989 and in 1995.
19. A perusal of the original records reveals that the decision regarding general instructions to be given by way of guidelines for grant of quarrying lease in respect of land with large granite and hard rocks which has ceased to be gomal land was referred to a Cabinet Sub-Committee which recommended guidelines for grant of quarrying licence in its meeting held on 13.11.1998 and the same was accepted by the Cabinet on 23.12.1998 it ordered issue of necessary order containing instructions to be followed while issuing fresh licence or renewal of existence of licence for quarrying. In order to give effect to the said 6 decision, instructions in the form of circular was issued on 24.2.1999. Therefore, the said circular is traceable to the decision of the Government and it only contains the guidelines to be followed while renewing or issuing fresh licence as mentioned in the circular. We are of the view that it is an order issued pursuant to the decision of the Government by way of circular."
4. In view of the said decision, it is felt that the view taken by the Committee constituted under Rule 11 is illegal and contrary to the circulars issued by the Government.
5. Sri Vijayakumar, learned AGA submits that the land in question is not a Gomal land but it is a forest land i.e. Biligirirangana Betta Wild Life Sanctuary and the request made in the above representations is yet to be disposed. Therefore, it is just and necessary that the second respondent shall consider and dispose of the request in accordance with law.
6. Therefore, the petitions are disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/-
JUDGE Sk/-