Karnataka High Court
Sahana vs State Of Karnataka on 8 August, 2018
Equivalent citations: AIRONLINE 2018 KAR 492
Bench: Chief Justice, R Devdas
W.P.No.49370/2017
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE R.DEVDAS
WRIT PETITION NO.49370 OF 2017 (GM-MM-S)
BETWEEN:
SAHANA
WIFE OF RAMACHANDRAIAH
AGED ABOUT 40 YEARS,
R/AT ALLU NIVAS, MOKA ROAD,
GANDHI NAGAR, BELLARI - 583 103.
... PETITIONER
(BY SRI. R G KOLLE., ADVOCATE)
AND
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE PRINCIPAL SECRETARY TO GOVT.,
DEPT. OF COMMERCE & INDUSTRIES,
VIKASA SOUDHA,
BENGALURU - 560 001.
3. THE DIRECTOR
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU - 560 001.
4. THE SENIOR GEOLOGIST (MINES) &
COMPETENT AUTHORITY,
DEPARTMENT OF MINES & GEOLOGY,
2ND GATE, CANTONMENT,
BALLARI - 583 104.
W.P.No.49370/2017
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5. THE DEPUTY COMMISSIONER &
CHAIRMAN, DISTRICT TASK FORCE (MINES)
COMMITTEE, BALLARI DISTRICT,
BALLARI - 583 104.
... 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 05.09.2017 ISSUED BY R-4
SENIOR GEOLOGIST AND COMPETENT AUTHORITY VIDE
ANNX-A, REJECTING THE QL APPLICATION DTD 02.02.2016
FILED BY THIS PETITIONER TO EXTRACT MURRAM, WHICH
IS A NON-SPECIFIED MINOR MINERAL, OVER AN AREA OF 90-
00-00 (A-G-A) IN GOVT. GAYALU LAND SY.NO.368/A OF
HALAKUNDI VILLAGE IN BELLARI TALUKA, BELLARI
DISTRICT, DESPITE PASSING AN ORDER DTD 20.04.2017 BY
THIS HON'BLE COURT, IGNORING THE RECEIPT OF DEEMED
REVENUE AND FOREST NOC AND TECHNICAL REPORT IN
TERMS OF RULE 8 (5) AND (6) AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The petitioner herein states the grievance against the order dated 05.09.2017 (Annexure-A) for rejection of her application for grant of quarrying lease.
It is not in dispute that several similar nature writ petitions have been considered and allowed by this Court while disapproving the similar nature endorsements and while restoring the applications for reconsideration, including a W.P.No.49370/2017 -3- 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.W.P.No.49370/2017 -4-
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."
Perusal of the record makes out that in this matter in fact the approach of the authorities concerned in taking the petitioner as being ineligible was disapproved by an earlier order dated 20.04.2017, as passed in W.P.No.2190/2017, W.P.No.49370/2017 -5- whereby the authorities concerned were directed to consider the application of the writ petitioner. The authorities concerned have, however, chosen to reject the application again in terms of Rule 8(B) of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016. Even from the other aspects indicated in the impugned order dated 05.09.2017, it is difficult to cull out a definite and categorical finding as to why the application of the petitioner was being rejected.
Thus, in parity with the orders passed in relation to the other similarly circumstanced applicants, it appears appropriate to dispose of this writ petition with similar orders while disapproving the impugned order dated 05.09.2017.
Accordingly, this writ petition is also disposed of at this stage itself 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 petitioner for execution of the W.P.No.49370/2017 -6- 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