Allowed

P Veerabhadra v. the Deputy Director

Karnataka HC2 Jul 2018WP/12833/2018

Case brief

AI extract

What is this about?

This common order disposed of multiple writ petitions filed under Articles 226 and 227 of the Constitution of India. The High Court held that the responsibility to obtain clearances and technical reports lies with the concerned authorities. Consequently, the impugned endorsements rejecting lease applications were disapproved, and authorities were directed to submit views within two weeks and decid

What did the court decide?

Impugned endorsements disapproved; authorities directed to submit views within two weeks and decide on lease execution within four weeks; no costs.

P Veerabhadra Vs the Deputy Director — Property and Title | Karnataka HC (2018)

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W.P.No.12833/2018 & other cases

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF JULY, 2018

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PRESENT

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HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE AND

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HON’BLE MR.JUSTICE KRISHNA S. DIXIT

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WRIT PETITION NOS.12833/2018, 17387-17388/2018, 17925/2018, 18010/2018, 19948-19950/2018, 26800/2018, 26839-26841/2018 AND 26842/2018 (GM-MM-S)

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IN W.P. NO. 12833/2018

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BETWEEN

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P. VEERABHADRA MAJOR S/O PALANI @ PUTTIYAPPA R/O GOPISHETTIYURU RAMAPURA POST KOLLEGAL TLAUK CHAMARAJANAGAR DISTRICT

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... PETITIONER

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(BY SRI SHIVA KUMAR K.B., ADVOCATE)

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AND

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.316, 317, 3^RD FLOOR, ZILLADALITHA BHAVAN CHAMARJAANAGAR-571313

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THE ASSISTANT COMMISSIONER KOLLEGAL SUB DIVISION, KOLLEGAL-571440 CHAMARAJANAGARA DISTRICT

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... RESPONDENTS

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(BY SRI VIKRAM HUILGOL, HCGP)

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W.P.No.12833/2018 & other cases

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEX-A DATED 14.6.2017 PASSED BY R-1 & ETC.

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IN W.P. NOS. 17387-17388/2018

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BETWEEN

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D MUNIRAJU S/O LATE DASAPPA, AGED 58 YEARS R/O NO.13/2, APARTMENT NO.F-1, 1^ST FLOOR, 3^RD MAIN ROAD, 1^ST STAGE, K.H.B.COLONY, BASAVESHWARANAGAR, BENGALURU-560 079

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M/S T.J.K. ENTERPRISES A REGISTERED PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO.13/2, APARTMENT NO.F-1, 1^ST FLOOR, 3^RD MAIN ROAD, 1^ST STAGE, K.H.B.COLONY, BASAVESHWARANAGAR, BENGALURU-560079 REPRESENTED BY ITS MANAGING PARTNER SRI D.M. TEJAS, AGED 27 YEARS S/O D MUNIRAJU

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... PETITIONERS

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(BY SRI SHIVA KUMAR K.B., ADVOCATE)

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AND

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY BENGALURU RURAL DISTRICT 13^TH FLOOR, V.V.TOWERS, DR. AMBEDKAR VEEDHI, BENGALURU-560 001

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THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, BENGALURU RURAL DISTRICT – 561 203

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W.P.No.12833/2018 & other cases

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU-560 001

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THE PRINCIPAL SECRETARY COMMERCE & INDUSTRIAL DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001

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THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001

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... RESPONDENTS

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(BY SRI VIKRAM HUILGOL, HCGP)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A DATED 19.03.2018/20.03.2018 AND ANNEXURE-B DATED 19.03.2018/20.03.2018 PASSED BY THE 1^ST RESPONDENT & ETC.

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IN W.P. NO. 17925/2018

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BETWEEN

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ARUN KUMAR S S/O SUBHASH CHANDRA DEVARAGUDDA AGED ABOUT 38 YEARS, C/O TEJASVINI BADAVANE BEHIND P.W.D.QUARTERS, HOLALKERE TALUK - 577 526 CHITRADURGA DISTRICT.

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... PETITIONER

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(BY SRI R.G. KOLLE, ADVOCATE)

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AND

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STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU BENGALURU - 560 001.

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W.P.No.12833/2018 & other cases

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THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU BENGALURU - 560 001.

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THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001.

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ADDITIONAL CHIEF SECRETARY & CHAIRMAN RULE 11 COMMITTEE, CONSTITUTED UNDER KMMC RULES, 1994, VIDHANA SOUDHA BENGALURU - 560 001.

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THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE, BALLARI DISTRICT BALLARI - 583 101.

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... RESPONDENTS

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(BY SRI VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OR SET ASIDE THE ENDORSEMENT DTD. 14.08.2017 ISSUED BY R-3 DIRECTOR & COMPETENT AUTHORITY PRODUCED AT ANNX-A, IN RESPECT OF QUARRY LEASE APPLICATION DTD. 18.12.2014 PRODUCED AT ANNX-B, SEEKING TO GRANT/EXECUTE A QUARRY LEASE TO EXTRACT MULTI-COLOUR GRANITE IN GOVT. LAND BEARING SY.NO.819 OF TEKKALKOTE VILLAGE IN SIRUGUPPA TALUKA, BALLARI DISTRICT, OVER AN AREA OF 10.00 ACRES & ETC.

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IN W.P. NO. 18010/2018

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BETWEEN

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G. SUDHAKAR REDDY SON OF G. SIDDA REDDY, AGED ABOUT 47 YEARS, 18^TH WARD, GOPALKRISHNA NILAYA, SADASHIVANAGAR, SIRUGUPPA,

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W.P.No.12833/2018 & other cases

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SIRUGUPPA TALUKA-583 121, BALLARI DISTRICT.

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... PETITIONER

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(BY SRI R.G. KOLLE, ADVOCATE)

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AND

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STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU, BENGALURU-560 001.

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THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES, VIKASA SOUDHA, BENGALURU, BENGALURU-560 001.

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THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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ADDITIONAL CHIEF SECRETARY & CHAIRMAN RULE 11 COMMITTEE, CONSTITUTED UNDER KMMC RULES,1994, VIDHANA SOUDHA, BENGALURU-560 001.

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THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE, BALLARI DISTRICT, BALLARI-583 101. ... RESPONDENTS

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(BY SRI VIKRAM HUILGOL, HCGP)

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W.P.No.12833/2018 & other cases

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SY.NO.819 OF TEKKALKOTE VILLAGE IN SIRUGUPPA TALUKA, BALLARI DISTRICT, OVER AN AREA OF 10.00 ACRES & ETC.

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IN W.P. NOS. 19948-19950/2018

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BETWEEN

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AJAY ANDANAPPA AGADI S/O ANDANAPPA AGDI AGED 34 YEARS PANAGHANTI KALYANA MANTAPA BACK SIDE KOPPAL TALUK KOPPAL DISTRICT-583231

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SANGANAGOUDA BASAVANAGOUDA PATIL S/O BASAVANAGOWDA PATIL AGED 44 YEARS R/O YALAMAGERI IRAKALLAGADA-583237 KOPPAL TALUK KOPPAL DISTRICT

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JAYASHANKAR SHANKAR GOUDA TUPPAD S/O SHANKARA GOUDA TUPPAD AGED 46 YEARS AT POST BEVOOR-583237 YALABURGA TALUK KOPPAL DISTRICT

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... PETITIONERS

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(BY SRI SHIVA KUMAR K.B., ADVOCATE)

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AND

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560001

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THE PRINCIPAL SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT VIKASA SOUDHA BENGALURU-560001

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THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY

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W.P.No.12833/2018 & other cases

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NO.49, KHANIJA BAHVAN RACE COURSE ROAD BENGALURU-560001

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BAHVAN RACE COURSE ROAD BENGALURU-560001

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THE SENIOR GEOLOGIST(M) GROUND WATER & MINERAL DIVISION DEPARTMENT OF MINES & GEOLOGY KOPPAL-583237

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THE DEPUTY COMMISSIONER KOPPAL DISTRICT KOPPAL-583237

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THE ASSISTANT COMMISSIONER KOPPAL SUB DIVISION KOPPAL DISTRICT-583237

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THE DEPUTY CONSERVATOR OF FOREST KOPPAL DIVISION KOPPAL-583237

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... RESPONDENTS

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(BY SRI VIKRAM HUILGOL, HCGP)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENTS ISSUED BY THE R-4 DTD:9.11.2017 IN RESPECT OF THE P-1, DTD:9.11.2017 IN RESPECT OF THE P-2, DTD:9.11.2017 IN RESPECT OF THE P- 3 AT ANNEXURE-A, A1 AND A2 RESPECTIVELY & ETC.

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IN W.P. NO. 26800/2018

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BETWEEN

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SREENATH S SON OF S V SATYANARAYANA IYER AGED ABOUT 50 YEARS, SADAHALLY VILLAGE AND POST,

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W.P.No.12833/2018 & other cases

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DEVANAHALLI TALUKA BENGALURU RURAL DISTRICT-562 110

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... PETITIONER

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(BY SRI R.G. KOLLE, ADVOCATE)

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AND

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STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001

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THE PRINCIPAL SECRETARY TO GOVT DEPT OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001

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THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU-560 001

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THE SENIOR GEOLOGIST (MINES) & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY CHIKKABALLAPURA -562 101

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THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 101

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... RESPONDENTS

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(BY SRI VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-4 TO GRANT AND EXECUTE A QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONE OVER AN AREA OF 2-00 ACRES IN GOVERNMENT LAND BEARING SY. NO. 22 OF MALAGALAHALLI VILLAGE IN CHIKKABALLAPURA TALUKA AND DISTRICT AS PER QUARRY LEASE APPLICATION DATED 21.10.2011 FILED BY THIS PETITIONER VIDE ANNEX-B FOR DEEMING TO HAVE RECEIVED OR OBTAINED FOREST NOC AND TECHNICAL REPORT AS PER LAW & ETC.

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W.P.No.12833/2018 & other cases

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IN W.P. NOS. 26839-26841/2018

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BETWEEN

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DEVARAJ C AGED 36 YEARS, S/O CHANNARAYAPPA R/O NO.12, CHOKKASANDRA VILLAGE, NANDAGUDI POST, HOSAKOTE TALUK BENGALURU RURAL DISTRICT.

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DEVARAJ AGED 39 YEARS S/O CHIKKACHOWDAPPA, R/O MUDDANAHALLI VILLAGE BYLANARASAPURA POST HOSAKOTE TALUK, BENGALURU RURAL DISTRICT.

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M VENKATACHALAPATHI AGED 45 YEARS S/O MUNIVENKATAPPA, R/O NO.49, GUNDURU VILLAGE BIDARAHALLI HOBLI VIRGONAGARA POST BENGALURU - 560 049.

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... PETITIONERS

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(BY SRI SHIVA KUMAR K.B., ADVOCATE)

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AND

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY 13^TH FLOOR, V.V.TOWER DR AMBEDKAR VEEDHI BENGALURU RURAL DISTRICT BENGALURU - 560 001.

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THE DEPUTY CONSERVATOR OF FORESTS BENGALURU RURAL DISTRICT ARANYA BHAVAN, MALLESWARAM BENGALURU - 560 003.

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THE ASSISTANT COMMISSIONER DODDABALLAPURA DIVISION BENGALURU RURAL DISTRICT.

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W.P.No.12833/2018 & other cases

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THE GEOLOGIST DEPARTMENT OF MINES & GEOLOGY OFFICE OF THE DEPUTY DIRECTOR 13^TH FLOOR, V.V.TOWER DR AMBEDKAR VEEDHI BENGALURU RURAL DISTRICT BENGALURU - 560 001.

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THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU - 560 001.

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THE PRINCIPAL SECRETARY COMMERCE & INDUSTRIES DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001.

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THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD, BENGALURU - 560 001.

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... RESPONDENTS

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(BY SRI VIKRAM HUILGOL, HCGP)

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEX-A DATED 2.12.2016 PASSED BY THE R-1 IN RESPECT OF 1^ST PETITIONER & ETC.

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IN W.P. NO. 26842/2018

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BETWEEN C NARAYANAREDDY AGED 71 YEARS, SENIOR CITIZEN, S/O T NARASIMHAREDDY R/O CHOKKANAHALLI VILLAGE, ENGADALE POST, CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT

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... PETITIONER

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(BY SRI SHIVA KUMAR K.B., ADVOCATE)

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W.P.No.12833/2018 & other cases

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AND

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THE SECRETARY DEPARTMENT OF INDUSTRIES & COMMERCE, VIKASA SOUDHA BENGALURU-560 001

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THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD, BANGALORE-560 001

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD, BANGALORE-560 001

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THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562105

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THE DEPUTY CONSERVATOR OF FOREST CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562105

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THE DEPUTY DIRECTOR / SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY KOLAR ... RESPONDENTS

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(BY SRI VIKRAM HUILGOL, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEX-N DATED 18.12.2017 PASSED BY R-3; DIRECT R-2 TO GRANT AND EXECUTE THE QUARRYING LEASE DEED WITH REFERENCE TO ANNEX-A DATED 2.8.2004 AND ISSUE THE SAME FOR REGISTRATION & ETC.

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W.P.No.12833/2018 & other cases

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

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ORDER

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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.

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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:

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“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:-

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“5. Learned Additional Government Advocate submits that this Court in Writ Petition No.25421/2017 (DD 04.07.2017) and

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W.P.No.12833/2018 & other cases

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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.”

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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:

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“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.

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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.

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No costs.”

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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.

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W.P.No.12833/2018 & other cases

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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.

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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.

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No costs.”

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The position aforesaid applies to the present cases too.

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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.

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The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the

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W.P.No.12833/2018 & other cases

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