Allowed

Smt. Usharani v. State of Karnataka

Karnataka HC4 Dec 2018WP/40011/2018

Case brief

AI extract

What is this about?

The Writ Petition sought quashing of an endorsement rejecting a quarrying lease application. The High Court set aside the rejection order issued by the Senior Geologist, which contradicted directions from the Revisional Authority to reconsider the application after a joint inspection, and restored the matter for reconsideration within 90 days.

What did the court decide?

The impugned endorsement dated 24.03.2018 is set aside. The matter is restored for reconsideration of the application by the Senior Geologist within 90 days from the date of receipt of the certified c

Smt. Usharani Vs State of Karnataka — Land Acquisition | Karnataka HC (2018)

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W.P.No.40011/2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2018 PRESENT

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

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HON’BLE MRS.JUSTICE S.SUJATHA

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WRIT PETITION NO.40011 OF 2018 (GM-MM-S)

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BETWEEN:

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SMT. USHARANI W/O. PRABHAKAR. N, AGED ABOUT 50 YEARS, THE PARTNER OF SRI NANJUNDESHWARA ENTERPRISES, R/AT NO. 73C/17, 2^ND ‘G’ MAIN, POST OFFICE ROAD, BHOOPASANDRA, RMV II STAGE, BENGALURU-560 094. (BY SRI M.K. GIRISH, ADVOCATE)

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... PETITIONER

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AND:

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

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

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THE DIRECTOR & DMG COMMISSIONER KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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THE SENIOR GEOLOGIST & COMPETENT AUTHORITY

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W.P.No.40011/2018

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DEPARTMENT OF MINES & GEOLOGY, KOLAR-563 102.

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THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT TASK FORCE (MINES) COMMITTEE, KOLAR DISTRICT, KOLAR-563 101.

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THE ADDITIONAL DEPUTY COMMISSIONER O/O DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR-563 101.

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THE GAZETTED ASSISTANT O/O KOLAR DEPUTY COMMISSIONER, KOLAR-563 101.

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THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER, KOLAR-563 101.

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THE JOINT DIRECTOR & REVISING AUTHORITY DEPT. OF MINES & GEOLOGY, SOUTH RANGE, MYSURU-570 023.

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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 OR SET ASIDE ENDORSEMENT DATED 24.3.2018 ISSUED BY R-4 SENIOR GEOLOGIST PRODUCED AT ANNEXURE-A; AND THE EARLIER ENDORSEMENT DTD.20.06.2017/18.12.2017 ISSUED BY R-4 SENIOR GEOLOGIST PRODUCED AT ANNEXURE-G AS WELL AS THE REVISION ORDER DATED 2.2.2018 ISSUED BY R-9 REVISING AUTHORITY AT REVISION PETITION 149/2017-18 PRODUCED AT ANNEXURE-H & ETC.

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

W.P.No.40011/2018

ORDER

In view of the submissions made, the office objection is waived.

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Having heard learned counsel for the petitioner and learned AGA appearing for the respondents, it appears just and proper to dispose of this petition at this stage itself.

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The relevant aspects of the present matter are that the petitioner had made an application for grant of quarrying lease/licence for quarrying building stone over an extent of 12.00 acres of land in survey No.199 at Devarayasamudra village, Mulabagal Taluk, Kolar District, on 14.03.2014. The respondent No.4 issued the endorsement dated 20.06.2017/18.12.2017 rejecting the application made by the petitioner. The petitioner preferred revision application against such endorsement. The Revisional Authority, by the order dated 02.02.2018, directed the authorities concerned to reconsider the application made by the petitioner in accordance with law. On such direction by the Revisional Authority, the endorsement dated 24.03.2018 has been issued, again rejecting the application made by the petitioner.

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W.P.No.40011/2018

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The Revisional Authority while disapproving the rejection of the application made by the petitioner directed in its order dated 02.02.2018 as under:

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“I, Sri G. Panduranga, Joint Director, Mines and Geology Department, South Zone, Mysore also Reviewing Authority, herein by invoking the power vested with me under Rule 53 (4) of K.M.M.C.R, 1994 also as per the Government Notification No.CI.180.MMN.2006 dated 24.11.2006, taking into consideration about availability of mineral, create employment and development of the said area the review petition is allowed. In respect of the applied area the Revenue Department given different opinion, hence the joint inspection of the applied area to be conducted once again in detail, and in order to take steps under Karnataka Minor Minerals Concession Act, 1994 also as per amended notification to take steps it is instructed to the competent officer. About compliance of order on the review petition, the competent officer is at liberty for implementing rules and to decide the local problems. Accordingly it is ordered by disposing the Review Petition No.149/2017-18.”

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However, in the impugned endorsement dated 24.03.2018, the Senior Geologist has referred to the submissions of the Assistant Commissioner, Kolar and has again proceeded to reject the application while observing as under:

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“Whereas, the Assistant Commissioner, Kolar stated that a Joint Inspection for the second time has been carried out by the higher officers over and above his rank and submitted a Report to the Deputy Commissioner, Kolar and hence, there

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W.P.No.40011/2018

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is no necessity to carry out another Joint Inspection in respect of Quarry Lease applied are individually, since he becomes lower rank officers. Further as per letter cited in Ref (2) above, the joint inspection carried out by Addl. Deputy Commissioner and his team may be adopted. Hence, a letter has been directly sent to the Joint Director, Southern Range, Mysuru. In this behalf, the Joint Director, Southern Range, Mysuru was requested to issue directions. Further, the Revising Authority directed to dispose the files in accordance with law as the Senior Geologist himself is the Competent Authority and the same can be disposed exercising powers vested in with as per letter cited in Reference (3) above.

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In view of the opinion expressed by the higher officers, over and above the jurisdictional Asst. Commissioner upon carrying out a spot as per letter cited in Reference (2) above by the Asst. Commissioner, the Quarry Lease Application filed by you is hereby rejected as per Rule 6 (2) of Karnataka Minor Mineral Concession Rules, 1994.”

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It is difficult to approve the approach of the authority concerned in this matter. Once the Revisional Authority has issued directions for consideration of the application in accordance with law, after carrying out joint inspection afresh, the application could not have been rejected on the suggestions as made, with reference to any previous inspection. It is also not forthcoming, if the authority concerned has duly taken note of the requirements of Rules and the

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W.P.No.40011/2018

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orders passed by this Court in similar matters so as to deal with the application in accordance with law.

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For what has been observed hereinabove, the impugned endorsement dated 24.03.2018 is set aside and the matter stands restored for reconsideration of the Senior Geologist, Department of Mines and Geology, Kolar District, in accordance with law and at the earliest, preferably within 90 days from the date of receipt of certified copy of this order.

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The petition stands disposed of.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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AHB

Smt. Usharani v. State of Karnataka

Case brief

What is this about?

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Smt. Usharani v. State of Karnataka

Case brief

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