Allowed

Sri. K. Ananth v. the State of Karnataka

Karnataka HC5 Jun 2018WP/18714/2018

Case brief

AI extract

What is this about?

The High Court disposed of connected writ petitions challenging endorsements rejecting lease applications. The Court held that authorities failed to obtain required clearances and reports, invalidating the rejections, and directed authorities to reconsider applications and execute lease deeds within four weeks.

What did the court decide?

Impugned endorsements quashed; authorities directed to send views/reports within two weeks and decide on lease deed execution within four weeks; no costs.

Sri. K. Ananth Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2018)

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W.P.No.44993/2017 and connected matters

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JUNE, 2018

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PRESENT

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HON’BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE

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AND

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HON’BLE MR.JUSTICE KRISHNA S. DIXIT

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WRIT PETITION NO.44993 OF 2017 (GM-MM-S) C/W WRIT PETITION NOS.44994 OF 2017, 16982 OF 2018, 18714 OF 2018 AND 18715 OF 2018

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IN W.P.No.44993/2017

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BETWEEN:

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G.V.EASHWAR S/O G. VENKATARAMANAIAH AGED 49 YEARS NO.202, LAYERS ENCLAVE 2^ND FLOOR, PALACE CROSS ROAD CHAKRAVARTHY LAYOUT BENGALURU – 560 020 ... PETITIONER

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(BY SRI.K.B.SHIVAKUMAR, ADVOCATE)

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AND:

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THE SECRETARY

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STATE OF KARNATAKA DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA BENGALURU – 560 001

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THE DIRECTOR

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DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD

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BENGALURU – 560 001

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W.P.No.44993/2017 and connected matters

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

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THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA – 562 159

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THE DEPUTY CONSERVATOR OF FOREST RAMANAGARA DISTRICT RAMANAGARA – 562 159

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THE DISTRICT TASK FORCE

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(MINES) COMMITTEE

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OFFICE OF THE DEPUTY COMMISSIONER RAMANAGARA – 562 159

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REP. BY DY. COMMISSIONER ... RESPONDENTS

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(BY SRI.V.G.BHANUPRAKASH, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A DATED 12.09.2017 PASSED BY RESPONDENT NO.3, AND ETC.

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IN W.P.No.44994/2017

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BETWEEN:

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M/S. SWAN MINERALS VIVEKANANDANAGAR 4^TH CROSS, RAMANAGARA ROAD KANAKAPURA RAMANAGARA DISTRICT – 571 511 REPRESENTED BY ITS MANAGING PARTNER SRI.AJAY KUMAR T.N. AGED 32 YEARS ... PETITIONER

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(BY SRI.K.B.SHIVAKUMAR, ADVOCATE)

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W.P.No.44993/2017 and connected matters

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AND:

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THE SECRETARY

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DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA

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BENGALURU – 560 001

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THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN

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RACE COURSE ROAD

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BENGALURU – 560 001

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY NO.49, KHANIJA BHAVAN

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RACE COURSE ROAD

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BENGALURU – 560 001

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THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT

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RAMANAGARA – 562 159

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THE DEPUTY CONSERVATOR OF FOREST RAMANAGARA DISTRICT

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RAMANAGARA – 562 159

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THE DISTRICT TASK FORCE (MINES) COMMITTEE OFFICE OF THE DEPUTY COMMISSIONER RAMANAGARA – 562 159 ... RESPONDENTS

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(BY SRI.V.G.BHANUPRAKASH, AGA)

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--THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A DATED 20.09.2017 PASSED BY RESPONDENT NO.3, AND ETC.

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IN W.P.No.16982/2018

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BETWEEN:

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SRI DEEPAK KUMAR P. S/O PANDURANGA V. AGED ABOUT 36 YEARS

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W.P.No.44993/2017 and connected matters

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R/AT NO.595, ‘BALAJI NIVAS’ ANAND NAGAR MAIN ROAD BENGALURU – 560 024. ... PETITIONER

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(BY SRI PRAKASH B.S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE & INDUSTRIES DEPARTMENT (MSME & MINES) VIKASA SOUDHA BENGALURU – 560 001.

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THE DIRECTOR / COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, R.C. ROAD BENGALURU – 560 001.

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY BANGALORE RURAL DISTRICT BENGALURU – 560 001.

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... RESPONDENTS

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(BY SRI V.G. BHANUPRAKASH, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 20.06.2017 ISSUED BY THE DEPUTY DIRECTOR, (M.A.), DEPARTMENT OF MINES AND GEOLOGY, BANGALORE, THE ORIGINAL OF THE ENDORSEMENT DATED 20.06.2017 ISSUED BY THE DEPUTY DIRECTOR HAS BEEN PRODUCED VIDE ANNEXURE-A AND ETC.

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IN W.P.No.18714/2018

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BETWEEN:

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SRI K. ANANTH S/O SRI KENCHAPPA AGED ABOUT 47 YEARS R/AT VENGALAPURA SRIRAMPURA HOBLI

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W.P.No.44993/2017 and connected matters

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HOSADURGA TALUK CHITRADURGA DISTRICT – 577 542.

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... PETITIONER

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(BY SRI NAGENDRA KUMAR K., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001.

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THE SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT OF COMMERCE (MINES) VIKASA SOUDHA BENGALURU – 560 001.

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHITRADURGA – 577 501.

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THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001.

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... RESPONDENTS

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(BY SRI V.G. BHANUPRAKASH, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE BY ISSUING AN APPROPRIATE WRIT THAT THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016 DATED 12.08.2016, AS PER ANNEXURE-D, IN SO FAR AS RULE 8B(2)(D) AND 31-ZD IS UNCONSTITUTIONAL, NULL AND VOID AND SAME TO BE STRUCK DOWN AND ETC.

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IN W.P.No.18715/2018

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BETWEEN:

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SRI T. YATHISH S/O SRI LATE R. THIPPERUDRAIAH

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W.P.No.44993/2017 and connected matters

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AGED ABOUT 43 YEARS R/AT KANCHI KRUPA, VIJAYANAGAR EXTENSION SADGURU ASHRAM ROAD HOSADURGA TALUK CHITRADURGA DISTRICT – 577 527.

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... PETITIONER

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(BY SRI NAGENDRA KUMAR K., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001.

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THE SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT OF COMMERCE (MINES) VIKASA SOUDHA BENGALURU – 560 001.

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHITRADURGA – 577 501.

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THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001.

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... RESPONDENTS

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(BY SRI V.G. BHANUPRAKASH, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE BY ISSUING AN APPROPRIATE WRIT THAT THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016 DATED 12.08.2016, AS PER ANNEXURE-G, IN SO FAR AS RULE 8B(2)(D) AND 31-ZD IS UNCONSTITUTIONAL, NULL AND VOID AND SAME TO BE STRUCK DOWN AND ETC.,

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W.P.No.44993/2017 and connected matters

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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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Learned counsel for the petitioners has moved respective memos in W.P.Nos.18714/2018 and 18715/2018 that he is not pressing on the challenge to the validity of Rule 8B(2)(d) and 31-ZD of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.

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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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W.P.No.44993/2017 and connected matters

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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 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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W.P.No.44993/2017 and connected matters

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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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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

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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 concerned authorities shall send their views/opinions/reports to the

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W.P.No.44993/2017 and connected matters

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10 -

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authorities of Mines and Geology Department within two weeks from today.

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The authorities concerned shall consider and finally

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decide on the prayer of the writ petitioners 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

Sri. K. Ananth v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. K. Ananth v. the State of Karnataka

Case brief

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