C. Patalappa vs Joint Director Of Mines And Geology on 19 February, 2020

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Karnataka High Court

C. Patalappa vs Joint Director Of Mines And Geology on 19 February, 2020

Bench: Abhay S. Oka

                          -1-




 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 19TH DAY OF FEBRUARY, 2020

                       PRESENT

   THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                          AND

          THE HON'BLE MR.JUSTICE P.G.M.PATIL

        WRIT PETITION NO. 50193 OF 2019 (GM-MMS)

BETWEEN:
C. PATALAPPA
S/O LATE CHIKAPATALAPPA
AGED ABOUT 66 YEARS
R/AT NO.6A, BANDEHOSUR GRAMA
KANNUR POST, BIDARAHALLI HOBLI
BENGALURU EAST TALUK
BENGALURU - 560 049
                                         ... PETITIONER
(BY SRI D. R. RAVISHANKAR, ADVOCATE)

AND:
1. JOINT DIRECTOR OF MINES AND GEOLOGY
   SOUTH ZONE, MYSORE DISTRICT
   MYSORE - 570 004

2. SENIOR GEOLOGIST
   DEPARTMENT OF MINES AND GEOLOGY
   BANGALORE URBAN DISTRICT
   BANGALORE - 560 001

                                       ... RESPONDENTS
(BY SRI V. G. BHANUPRAKASH, AGA)
                           ---
                                  -2-




    THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH
ANNEXURE-H DATED 18.07.2019 ISSUED BY THE 2ND
RESPONDENT AND ETC.

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

                               ORDER

Heard the learned counsel appearing for the petitioner.

2. The challenge is to the endorsement dated 18th July 2019 (Annexure-H). Annexure-H refers to the circular dated 17th October 2018 issued by the Director, Mines and Geology Department, Bengaluru and it records that a survey would be conducted through a drone/ITAS/Scanner equipments in the leased area so that the quantum of mineral products quarried and transported from the date of grant of original lease would be determined and the petitioner will have to pay the royalty. It is further noted that the measurement of the excavated minerals can be made by a survey carried out by use of a drone/ETS/Scanner equipments. The effective part of the endorsement records that only after the measurement report pursuant to the survey is submitted, steps would be -3- taken for issuance of dispatch permit for transport of minor minerals.

3. Today, the learned Additional Government Advocate has tendered a memo along with a copy of the drone survey carried out on 7th February 2020. He states that the drone survey was carried out for the first time on 7th February 2020 and prior to issuing the impugned endorsement, drone survey was not carried out.

4. In view of what is stated in the last part of the impugned endorsement, now there is no impediment in considering the application made by the petitioner for issuing a work permit and mineral dispatch permit. Accordingly, as the endorsement has worked itself out as the drone survey has been carried out on 7th February 2020, we pass the following order:

(i) The concerned respondent shall decide the application dated 21st February 2019 submitted by the petitioner as expeditiously as possible and in any event, within a period of six weeks from today -4- as the impugned endorsement at Annexure-H has worked itself out;

(ii) We make it clear that this order will not prevent the respondents from initiating appropriating proceedings in accordance with law on the basis of the drone survey;

(iii) Accordingly, the writ petition is disposed of in the above terms.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE SN

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