Karnataka High Court
K M Ravi vs State Of Karnataka on 9 October, 2018
Bench: Chief Justice, S G Pandit
W.P.No.40708/2018
and other matters
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NOS.40708/2018, 40710/2018,
42017/2018 AND 51318-51325/2017 (GM-MM-S)
IN W.P. NO.40708/2018
BETWEEN
K.M. RAVI
AGED ABOUT 42 YEARS
S/O. MARIYAPPA,
BANKAPURA GRAMA,
KANTHAPURA POST,
NAGAMANGALA, MANDYA - 571 432 ... PETITIONER
(BY SRI JAYANTH V., ADVOCATE)
AND
1. STATE OF KARNATAKA
REP BY ITS SECRETARY,
COMMERCE AND INDUSTRIES DEPARTMENT,
(MSME AND MINES),
VIKASA SOUDHA, BANGALORE - 560001
2. DIRECTOR / COMMISSIONER
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVANA, R.C. ROAD,
BANGALORE - 560001
3. SENIOR GEOLOGIST,
DEPARTMENT OF MINES & GEOLOGY,
OFFICE OF THE SENIOR GEOLOGIST,
VIDYANAGAR 1ST CROSS,
MANDYA - 571 401 ... RESPONDENTS
(BY SRI A.M. SURESH REDDY, AGA)
W.P.No.40708/2018
and other matters
-2-
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT DATED 21 NOVEMBER 2017
(ALSO MENTIONED AS 22 NOVEMBER 2017) ISSUED BY
RESPONDENT NO.3 (I.E. ANNEXURE-A) AS BEING VIOLATIVE
OF ARTICLE 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA
& ETC.
IN W.P. NO.40710/2018
BETWEEN
C.H. MANJU
S/O HONNEHALE GOWDA,
AGED ABOUT 24 YEARS
CHIKKAHERENA KOPPALU,
PADUVALAYAPATNA POST,
NAGAMANGALA,
MANDYA-571432.
... PETITIONER
(BY SRI JAYANTH V., ADVOCATE)
AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
COMMERCE AND INDUSTRIES DEPARTMENT
(MSME AND MINES)
VIKASA SOUDHA
BANGALORE-560 001.
2. DIRECTOR/COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY
KHANIJA BHAVAN,
R.C. ROAD,
BANGALORE-560 001.
3. SENIOR GEOLOGIST
DEPARTMENT OF MINES & GEOLOGY
OFFICE OF THE SENIOR GEOLOGIST
VIDYANAGAR 1ST CROSS,
MANDYA-571 401.
... RESPONDENTS
(BY SRI A.M. SURESH REDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
W.P.No.40708/2018
and other matters
-3-
QUASH THE ENDORSEMENT DATED 9 JUNE 2017 ISSUED BY
RESPONDENT NO.3 (I.E., ANNEXURE-A) AS BEING VIOLATIVE
OF ARTICLE 14 AND 19(1)(g) OF THE CONSTITUTION OF INDIA
& ETC.
IN W.P. NO.42017/2018
BETWEEN
SMT. MALINI .S
W/O. SRI PRASHANTH N,
AGED ABOUT 32 YEARS,
R/AT SONAPANAHALLI VILLAGE,
JALA HOBLI, BETTAHALSURE POST,
BENGALURU NORTH TALUK,
BENGALURU DISTRICT - 562157
... PETITIONER
(BY SRI CHOWDAREDDY T.M., ADVOCATE)
AND
1. THE SECRETARY
DEPARTMENT OF INDUSTRIES AND COMMERCE,
VIKASA SOUDHA,
BENGALURU - 560001
2. THE DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
NO. 49, KHANIJA BAVAN,
RACE COURSE ROAD,
BENGALURU - 560001
3. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY,
OFFICE OF THE DEPUTY COMMISSIONER,
CHIKKABALLAPUR DISTRICT - 562105
4. THE DEPUTY COMMISSIONER
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562105
5. THE DEPUTY CONSERVATOR OF FOREST
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562105
6. THE DISTRICT TASK FORCE
(MINES COMMITTEE),
W.P.No.40708/2018
and other matters
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OFFICE OF THE DEPUTY COMMISSIONER,
CHIKKABALLAPURA DISTRICT,
CHIKKABALLAPURA - 562105
... RESPONDENTS
(BY SRI A.M. SURESH REDDY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R-6 TO COMMUNICATE TO THE R-3 TO FORTHWITH
GRANT IN CONDITIONAL QUARRY LEASE TO EXTRACT
BUILDING STONE MATERIALS IN GOVERNMENT LAND
BEARING SY NO.11 MEASURING 4 ACRES 30 GUNTAS IN
JONALAKUNTE VILLAGE, CHIKKABALLAPURA TALUKA AND
DISTRICT FOR A PERIOD FO 5 YEARS OR MORE DEEMING TO
HAVE RECEIVED REVENUE NOC, FOREST NOC AND
TECHNICAL REPORT IN TERMS OF NEWLY AMENDED RULES
8[6] EFFECTIVE FROM 12.8.2016 BY WAY OF QUASHING OR
SET A SIDING THE ENDORSEMENT ISSUED BY R-3 SENIOR
GEOLOGIST DT. 22.09.2017 PRODUCED AS ANNEXURE-A &
ETC.
IN W.P. NOS.51318-51325/2017
BETWEEN
1. SRI D. SRINIVAS
S/O SRI DASAPPA
AGED ABOUT 40 YEARS,
R/A NO.164
THAMMANAYAKANAHALLI
KASABA HOBLI
ANEKAL TALUK
BANGALORE-562106
2. SMT. D.SHANTHAMMA
W/O SRI CHANDRAMOHAN
AGED ABOUT 29 YEARS,
R/A NO.164
THAMMANAYAKANAHALLI
KASABA HOBLI, ANEKAL TALUK
BANGALORE-562106
3. SRI J.G. KAVITHA
C/O SRI B. YOGESH KUMAR
AGED ABOUT 32 YEARS,
NO.30, 11TH CROSS
LAKSHMI BLOCK
W.P.No.40708/2018
and other matters
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HAF POST, GANGANAGAR
BANGALORE-560024
4. M/S SHAKTHI ENTERPRISES
SHOP NO.1, BATHIYAPPA BUILDING
DEVASANDRA MAIN ROAD
AYYAPPA NAGAR
BANGALORE-560036
REPRESENTED BY ITS PROPRIETOR
SRI R. BASAVARAJU
5. M/S PRABHA EARTH MOVERS
NO.23, OPP: ASHWATH KATTE ROAD
DEVASANDRA, K.R. PURAM
BANGALORE-560036
REPRESENTED BY ITS PROPRIETOR
SRI R SRINIVASA
6. SRI NANJAPPA
S/O SRI VENKATAPPA
AGED ABOUT 34 YEARS
R/A DEVASANDRA VILLAGE
HARAGADDE POST
JIGANI HOBLI
ANEKAL TALUK
BANGALORE-560105
7. SRI KRISHNA AND COMPANY
NO.9, KAMMANAYAKANAHALLI
KASABA HOBLI
ANEKAL TALUK
BANGALORE-560106
REPRESENTED BY ITS PROPRIETOR
SRI D KRISHNA
8. M/S TAVARA MINING AND
CONSTRUCTION INDIA PVT. LTD.
NO.48, 100 FEET RING ROAD
2ND PHASE, JIGANI HOBLI
INDUSTRIAL AREA
ANEKAL TALUK
BANGALORE-562106
REPRESENTED BY MANAGING DIRECTOR
SRI D KRISHNA
... PETITIONERS
(BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE)
W.P.No.40708/2018
and other matters
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AND
1. THE STATE OF KARNATAKA
DEPARTMENT OF INDUSTRIES AND COMMERCE
VIDHANA SOUDHA
VIDHANA VEEDHI
BANGALORE-560001
2. THE DEPUTY COMMISSIONER/ CHAIRMAN
DISTRICT TASK FORCE COMMITTEE
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DISTRICT-560125
3. THE ASSISTANT COMMISSIONER
CHIKKABALLAPURA SUB DIVISION
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA-562101
4. THE SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
ROOM NO.5A-10, 2ND FLOOR
DISTRICT ADMINISTRATIVE BHAVAN
PATTENAHALLI
CHIKKABALLAPURA-560121
5. THE DEPUTY CONSERVATOR OF FOREST
CHIKKABALLAPURA RANGE
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA-562121
6. THE TAHASILDAR
CHIKKABALLAPURA TALUK
CHIKKABALLAPURA DISTRICT
CHIKKABALLAPURA-562121 ... RESPONDENTS
(BY SRI.V.G.BHANUPRAKASH, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO i)
QUASH THE IMPUGNED ENDORSEMENT DATED 31.08.2017
ISSUED BY FOURTH RESPONDENT VIDE ANNX-H. ii) QUASH
THE IMPUGNED ENDORSEMENT DATED 31.08.2017 ISSUED BY
FOURTH RESPONDENT VIDE ANNX-H1 AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
W.P.No.40708/2018
and other matters
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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.
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 and restoring the applications for reconsideration or while requiring the pending applications to be considered in 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 W.P.No.40708/2018 and other matters -8- 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 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."
W.P.No.40708/2018and other matters -9- 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, if made in rejection of the application of the writ petitioner/s 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.
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