Allowed

Sri R Manjuanth v. the State of Karnataka

Karnataka HC3 Jul 2018WP/26611/2018

Case brief

AI extract

What is this about?

Two writ petitions challenging endorsements rejecting mining lease applications were disposed of. The High Court quashed the endorsements, finding it the authority's responsibility to obtain required clearances. Petitioners directed to get a final decision on lease execution within four weeks.

What did the court decide?

Quashed the impugned endorsements; directed authorities to obtain reports within two weeks and finally decide on lease execution within four weeks.

Sri R Manjuanth Vs the State of Karnataka — Specific Performance | Karnataka HC (2018)

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W.P.No.26611/2018 & W.P.No.27589/2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF JULY, 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.26611 OF 2018 AND

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WRIT PETITION NO.27589 OF 2018 (GM-MM-S)

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IN W.P.NO.26611/2018

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BETWEEN:

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SRI R MANJUNATH SON OF M. RAMA AGED ABOUT 34 YEARS, RESIDING AT BHOVI COLONY N.M.C. CROSS ROAD, BHADRAVATHI -577 301 SHIVAMOGGA DISTRICT

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... PETITIONER

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(BY SRI B.S. PRAKASH, 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 BANGALORE-560 001

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THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA, R.C. ROAD, BANGALORE-560 001

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W.P.No.26611/2018 & W.P.No.27589/2018

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THE SENIOR GEOLOGIST (MINERAL) DEPARTMENT OF MINES & GEOLOGY CHICKMAGALUR-577 101

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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 THE ENDORSEMENT DTD:26.10.2016 ISSUED BY THE SENIOR GEOLOGIST, [M.D.] DEPARTMENT OF MINES AND GEOLOGY, CHICKMAGALURU. THE ORIGINAL OF THE ENDORSEMENT DTD:26.10.2016 ISSUED BY THE DEPUTY DIRECTOR HAS BEEN PRODUCED AT ANNEXURE-A & ETC.

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IN W.P. NO. 27589/2018

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BETWEEN:

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SMT. ROOPA AGED ABOUT 35 YEARS, W/O SHIVARAJ NO.6, 2^ND CROSS, LAKSHMIPURA LAYOUT DEVASANDRA BENGALURU-560 036

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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 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 BHAVANA

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W.P.No.26611/2018 & W.P.No.27589/2018

MALLESHWARAM

BENGALURU-560 003

THE ASSISTANT COMMISSIONER DODDABALAPURA DIVISION BENGALURU RURAL DISTRICT – 561 203

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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 ... 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-A DATED 2.12.2016 PASSED BY THE R-1 IN RESPECT OF THE PETITIONER & ETC.

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W.P.No.26611/2018 & W.P.No.27589/2018

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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 in several other matters has held that

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W.P.No.26611/2018 & W.P.No.27589/2018

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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.26611/2018 & W.P.No.27589/2018

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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.26611/2018 & W.P.No.27589/2018

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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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Sd/CHIEF JUSTICE

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