Karnataka High Court
M/S J K Supplies vs The State Of Karnataka on 15 September, 2017
Bench: Chief Justice, P.S.Dinesh Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2017
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.42026 2017 (GM-MM-S)
BETWEEN
M/S J K SUPPLIES
A REGISTERED PARTNERSHIP FIRM
REP BY ITS MANAGING PARTNER
MR. S ELRED KUMAR
S/O SANTHANAM GOMEZ
AGED ABOUT 46 YEARS
PRESENTLY HAVING ITS OFFICE AT
# 317, 3RD FLOOR
"MANITO ESHANYA", SITE NO.903
DODDAJALA, SHETTIGERE ROAD
BANGALORE-562 157
... 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-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
2
DEPUTY COMMISSIONER &
DISTRICT OFFICES COMPLEX
SIDLAGHATTA ROAD
CHIKKABALLAPUR-562 101
4.THE DEPUTY CONSERVATOR OF FOREST
CHIKKABALLAPUR DIVISION
CHIKKABALLAPUR-562 101
5.THE DEPUTY COMMISSIONER AND CHAIRMAN
DISTRICT TASK FORCE COMMITTEE (MINES)
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR-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
DIRECT RESPONDENT NO.4 TO SEND THE OPINION OF THE
FOREST DEPARTMENT WITHIN A TIME FRAME FOR GRANT OF
QUARRY LEASE IN FAVOUR OF THE PETITIONER IN RESPECT
OF THE SCHEDULE PROPERTY AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Issue notice to the respondents. Mr.V.G.Bhanuprakash, learned High Court Government Pleader, accepts notice for the respondents. Therefore, formal service of notice to the respondents is dispensed with.
2. The District Task Force Committee (Mines) could not consider the request of the writ petitioner as the forest clearance did not reach the Committee. 3
3. We, therefore, direct the Divisional Forest Officer, Chikkaballapur, to forward his opinion to the Deputy Commissioner, who has been the Chairman of the said Committee, by four weeks.
4. After receipt of the opinion from the Forest Department, the Committee shall reconsider the matter within a period of six weeks from the date of receipt of such opinion.
5. The writ petition stands disposed of.
6. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv