Karnataka High Court
Sri D N Nanjappa vs State Of Karnataka on 11 October, 2018
Equivalent citations: AIRONLINE 2018 KAR 1183
Bench: Chief Justice, S G Pandit
W.P.No.34688/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE S.G.PANDIT
WRIT PETITION NO.34688 OF 2018 (GM-MM-S)
BETWEEN:
SRI D.N.NANJAPPA
S/O LATE NARAYANAPPA
AGED ABOUT 51 YEARS
R/AT DANAVALLI VILLAGE
CHAKARASANAHALLI POST
KOLAR TALUK & DIST. 563 101 ... PETITIONER
(BY SRI NAVEEN CHANDRA N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BENGALURU
BENGALURU - 560 001
2. THE PRINCIPAL SECRETARY TO GOVT.
DEPARTMENT OF COMMERCE & INDUSTRIES
VIKASA SOUDHA, BENGALURU
BENGALURU - 560 001
3. THE SENIOR GEOLOGIST (MINING DIVISION)
DEPARTMENT OF MINES & GEOLOGY
KOLAR - 563 101
4. ADDITIONAL CHIEF SECRETARY & CHAIRMAN
RULE 11 COMMITTEE,
CONSTITUTED UNDER KMMC RULES, 1994
VIDHANA SOUDHA
BENGALURU - 560 001
W.P.No.34688/2018
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5. THE CHAIRMAN & DEPUTY COMMISSIONER
DISTRICT TASK FORCE (MINES) COMMITTEE
CHIKKABALLAPURA TALUK & DISTRICT - 562 101
... 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
QUASH OR SET ASIDE THE ENDORSEMENT DATED 18.11.2016
ISSUED BY 3RD RESPONDENT SENIOR GEOLOGIST AT
ANNEXURE-B IN RESPECT OF QUARRY LEASE APPLICATION
DATED 14.03.2014 PRODUCED AT ANNEXURE-A SEEKING TO
GRANT/EXECUTE A QUARRY LEASE TO EXTRACT BUILDING
STONE IN GOVT. REVENUE LAND BEARING SY.NO.02 OF
DANAVALLI VILLAGE, KOLAR TALUK & DISTRICT OVER AN
AREA OF 1.20 ACRES 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 18.11.2016 (Annexure-B) for rejection of his 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/orders while restoring the applications for reconsideration, including a batch W.P.No.34688/2018 -3- 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.
The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed W.P.No.34688/2018 -4- 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."
The position aforesaid applies to the present case too.
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.
W.P.No.34688/2018 -5-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.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB