Allowed

Sri M. Suresh v. the State of Karnataka

Karnataka HC6 Dec 2018WP/50072/2018

Case brief

AI extract

What is this about?

Writ petitions challenging rejections of quarry lease applications were treated together. The Court relied on previous precedents establishing that applications received before the cut-off date are valid and authorities must secure clearances. The petitions were disposed of requiring authorities to forward reports and decide on lease execution.

What did the court decide?

Petitions disposed of by disapproving impugned endorsements and directing authorities to send reports and decide on lease execution within four weeks.

Sri M. Suresh Vs the State of Karnataka — Company and Corporate | Karnataka HC (2018)

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W.P.No.50072/2018 & other cases

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^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 NOS.50072/2018, 51555/2018, 52634/2018, 52858/2018, 53060/2018, 53061/2018, 53062/2018, 53459/2018 AND 53460/2018 (GM-MM-S)

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IN W.P.NO.50072/2018 BETWEEN

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SRI M. SURESH AGED ABOUT 35 YEARS, S/O LATE MURTHI NAIDU, 4^TH CROSS, 5^TH MAIN, RIGHT SIDE, HOSAMANE, BHADRAVATHI-577 301. (BY SRI PRAKASH B.S., ADVCOATE) AND

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... PETITIONER

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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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THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY,

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W.P.No.50072/2018 & other cases

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B.L.GOWDA LAYOUT, CHITRADURGA-577 501.

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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 DATED 16.11.2016 ISSUED BY THE DEPUTY DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, CHITRADURGA. CERTIFIED COPY OF THE ENDORSEMENT DATED 16.11.2016 ISSUED BY THE DEPUTY DIRECTOR, DEPARTMENT OF MINES & GEOLOGY, CHITRADURGA HAS BEEN PRODUCED AT ANNEXURE-‘A’ & ETC.

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IN W.P.NO.51555/2018

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BETWEEN

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M/S GSG READMIX CONCRETE PVT. LTD., A COMPANY REGISTERED UNDER THE INDIAN COMPANIES ACT, REPRESENTED BY ITS DIRECTORC. SONNEGOWDA S/O CHOWDE GOWDA AGED ABOUT 60 YEARS NO.3 & 4, 1^ST CROSS, SNEHANAGARA AMRUTHALLI, BYATARAYANAPURA BENGALURU-560092

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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-560001

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THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU BENGALURU-560001

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THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY

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W.P.No.50072/2018 & other cases

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KHANIJA BHAVAN RACE COURSE ROAD BENGALURU-560001

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ADDITIONAL CHIEF SECRETARY & CHAIRMAN RULE 11 COMMITTEE, CONSTITUTED UNDER KMMC RULES, 1994, VIDHANA SOUDHA BENGALURU-560001

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THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE KOLAR DISTRICT, KOLAR KOLAR-563101

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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 DATED 21.07.2017 ISSUED BY R-3 DIRECTOR & COMPETENT AUTHORITY PRODUCED AT ANNEXURE-A AS PER QUARRY LEASE APPLICATION DATED 26.11.2014 PRODUCED AT ANNEXURE-B, SEEKING GRANT OF A QUARRY LEASE TO EXTRACT MULTICOLOUR GRANITE IN GOVT. LAND BEARING SY.NO.145 OF SULURU VILLAGE OF KOLAR TALUKA, KOLAR DISTRICT OVER AN AREA OF 04.20 ACRES AS SHOWN IN THE SKETCH & ETC.

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IN W.P.NO.52634/2018

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BETWEEN

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SRI. Y SRINIVASARAJU AGED ABOUT 45 YEARS, S/O Y.KRISHNAMRAJU, NO.11, CHOUDAIAH BLOCK, 1^ST CROSS, H.M.T.LAYOUT, R.T.NAGAR, BANGALORE-560032.

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... PETITIONER

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(BY SRI B.S. PRAKASH, ADVCOATE)

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AND

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, COMMERCE & INDUSTRIES DEPARTMENT, (MSME & MINES), VIKASASOUDHA, BANGALORE-560001.

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W.P.No.50072/2018 & other cases

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THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY, KHANIJA BHAVANA, R.C.ROAD, BANGALORE-560001.

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY, DEPUTY COMMISSIONER & DISTRICT OFFICES COMPLEX, SIDLAGHATTA ROAD, CHIKKABALLAPURA-562101.

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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 REJECTION ORDER DTD:15.11.2018 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPUR REJECTING THE APPLICATION OF THE PETITIONER FOR GRANT OF QUARRY LEASE FOR QUARRYING BUILDING STONE OVER AN EXTENT OF 4.20 ACRES IN SY NO.11 KARAKAMAKALAHALLI VILLAGE, CHIKKABALLAPUR TALUK, CHICKKBALLAPUR DISTRICT. ORIGINAL ENDORSEMENT DTD:15.11.2018 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPUR HAS BEEN PRODUCED AT ANNEXURE-A & ETC.

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IN W.P.NO.52858/2018

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BETWEEN

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S. PURUSHOTHAMA RAO S/O LATE SUBRAMANYA RAO AGED ABOUT 46 YEARS R/AT SASLUGUNTE, URDIGERE, H.D. VADI POST - 572 140 TUMKUR TALUK TUMKUR 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,

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W.P.No.50072/2018 & other cases

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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 & COMPETENT AUTHORITY 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, VIDHAN SOUDHA, BENGALURU-560 001.

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THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT TASK FORCE (MINES) COMMITTEE TUMKUR DISTRICT, TUMKUR-572 102.

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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 THE R-3 DIRECTOR AND COMPETENT AUTHORITY, TO GRANT & EXECUTE A QUARRY LEASE TO EXTRACT ORNAMENTAL STONE IN GOVT. LAND BEARING SY.NO.26 OF A.K. KAVAL VILLAGE, TUMKUR TALUKA, TUMKURU DISTRICT, OVER AN AREA OF 03.00 ACRES, PURSUANT TO A QUARRY LEASE APPLICATION DATED 28.02.2014 PRODUCED AT ANNEXURE-B, BY QUASHING OR SETTING ASIDE THE ENDORSEMENT DATED 13.12.2017 PRODUCED AT ANNEXURE-A & ETC.

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IN W.P.NO.53060/2018

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BETWEEN

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SRI MOHAMMED ARSHAD AHAMED S/O AKBAR PASHA, AGED ABOUT 52 YEARS, # 52/1, 3^RD CROSS, MARAPPA GARDEN,

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W.P.No.50072/2018 & other cases

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J.C.NAGARA, BANGALORE-560006.

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... PETITIONER

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(BY SRI ANJANEYA A.B., ADVOCATE) AND

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STATE OF KARNATAKA BY ITS SECRETARY (MINES SSI & TEXTILE) COMMERCE AND INDUSTRIES DEPARTMENT, M.S. BUILDING, BANGALORE-560001.

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THE COMMISSIONER AND DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560001.

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, ROOM NO.S.A.10, 2^ND FLOOR, DISTRICT ADMINISTRATIVE OFFICE, PATRENAHALLI, CHIKKABALLAPURA-562127

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, DISTRICT ADMINISTRATIVE OFFICE, PATRENAHALLI, CHIKKABALLAPURA-562127

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THE DISTRICT TASK FORCE REPRESENTED BY DEPUTY COMMISSIONER, DISTRICT ADMINISTRATIVE OFFICE, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-562127

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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 10.07.2017 ISSUED BY R-3 VIDE ANNEXURE-C AND CONSEQUENTLY DIRECT THE R-3 AUTHORITY TO CONSIDER THE APPLICATION SUBMITTED BY THE PETITIONER IN NO.FORM AQL VOL NO.3 SERIAL

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W.P.No.50072/2018 & other cases

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NO.73/2013-14 DATED 17.12.2013 AS PER ANNEXURE-A OF WRIT PETITION AND TO GRANT LICENSE AND TO EXECUTE THE MINING LEASE TO THE EXTENT OF 03 ACRES IN SY.NO.145 SITUATED AT GUVVALAKAHALLI VILLAGE, KASABA HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT FORTH WITH & ETC.

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IN W.P.NO.53061/2018

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BETWEEN

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SRI. MOHAMMED JAVEED PASHA S/O. AKBAR PASHA, AGED ABOUT 55 YEARS, #46/4, ANJANEYA TEMPLE ROAD, MARAPPA GARDEN, J.C. NAGARA, BANGALORE-560 006.

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... PETITIONER

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(BY SRI ANJANEYA A.B., ADVOCATE)

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AND

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STATE OF KARNATAKA BY ITS SECRETARY (MINES SSI & TEXTILE), COMMERCE AND INDUSTRIES DEPARTMENT, M.S. BUILDING, BANGALORE-560 001.

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

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, ROOM NO.S.A. 10, 2^ND FLOOR, DISTRICT ADMINISTRATIVE OFFICE, PATRENAHALLI, CHIKKABALLAPURA-562 127.

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, DISTRICT ADMINISTRATIVE OFFICE, PATRENAHALLI, CHIKKABALLAPURA-562 127.

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W.P.No.50072/2018 & other cases

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THE DISTRICT TASK FORCE REPRESENTED BY DEPUTY COMMISSIONER, DISTRICT ADMINISTRATIVE OFFICE, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-562 127.

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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 DTD:23.10.2017 ISSUED BY THE R-3 VIDE ANNEXURE-C AND CONSEQUENTLY ISSUE ANY OTHER WRIT DIRECTION BY DIRECTING THE R-3 AUTHORITY TO CONSIDER THE APPLICATION SUBMITTED BY THE PETITIONER IN NO. FORM AQL VOL NO.3 SERIAL NO.74/201314 DT:19.12.2013 AS PER ANNEXURE-A OF WRIT PETITION AND TO GRANT LICENSE AND TO EXECUTE THE MINING LEASE TO THE EXTENT OF 06 ACRES IN SY NO.145 SITUATED AT GUVVALAKAHALLI VILLAGE, KASAB HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT FORTHWITH & ETC.

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IN W.P.NO.53062/2018

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BETWEEN

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SRI MOHAMMED PARVEEZ PASHA S/O M.S.PASHA, AGED ABOUT 44 YEARS, # 21/6, GUNDAPPA BLOCK, PEMMAGOWDA ROAD, J.C NAGARA, BENGALURU-560006.

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... PETITIONER

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(BY SRI ANJANEYA A.B., ADVOCATE)

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AND

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STATE OF KARNATAKA BY ITS SECRETARY (MINES SSI & TEXTILE) COMMERCE AND INDUSTRIES DEPARTMENT, M.S.BUILDING, BANGALORE-560001.

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THE COMMISSIONER AND DIRECTOR DEPARTMENT OF MINES AND GEOLOGY,

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W.P.No.50072/2018 & other cases

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KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560001.

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, ROOM NO.S.A.10, 2^ND FLOOR, DISTRICT ADMINISTRATIVE OFFICE, PATRENAHALLI, CHIKKABALLAPURA-562127

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, DISTRICT ADMINISTRATIVE OFFICE, PATRENAHALLI, CHIKKABALLAPURA-562127

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THE DISTRICT TASK FORCE REPRESENTED BY DEPUTY COMMISSIONER, DISTRICT ADMINISTRATIVE OFFICE, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-562127

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... RESPONDENTS

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(BY SRI A.M. SURESH REDDY, 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 DTD:10.07.2017 ISSUED BY THE R-3 VIDE ANNEXURE-C AND CONSEQUENTLY ISSUE ANY OTHER WRIT DIRECTION BY DIRECTING THE R-3 AUTHORITY TO CONSIDER THE APPLICATION SUBMITTED BY THE PETITIONER FROM AQL VOL NO.3 SERIAL NO.75/2013-14 DT:19.12.2013 AS PER ANNEXURE-A OF WRIT PETITION AND TO GRANT LICENSE AND TO EXECUTE THE MINING LEASE TO THE EXTENT OF 3 ACRES IN SY NO.145 SITUATED AT GUVVALAKAHALLI VILLAGE, KASABA HOBLI, CHIKKABALLAPURA TALUK AND DISTRICT FORTHWITH & ETC.

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IN W.P.NO.53459/2018

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BETWEEN

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SRI P KUMARASWAMY S/O SRI PUTTE GOWDA, AGED ABOUT 37 YEARS, R/AT BOMMANAHALLI VILLAGE, ACHALU POST, SATHANUR HOBLI,

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W.P.No.50072/2018 & other cases

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10 -

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KANAKAPURA TALUK, RAMANAGARA DISTRICT-571511

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... PETITIONER

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(BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE)

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AND

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THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR B.R.AMBEDKAR VIDHI BENGALURU-560 001.

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

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THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN, BENGALURU-560 001.

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY RAMANAGARA DISTRICT, RAMANGARA-571511

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... RESPONDENTS

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(BY SRI A.M. SURESH REDDY, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD:24.11.2016 ISSUED BY THE R-4 AS PER ANNEXURE-B & ETC.

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IN W.P.NO.53460/2018

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BETWEEN

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SRI P KUMARASWAMY S/O. SRI. PUTTE GOWDA, AGED ABOUT 37 YEARS R/AT BOMMANAHALLI VILLAGE, ACHALU POST,

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W.P.No.50072/2018 & other cases

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11 -

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SATHANUR HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 571 511

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... PETITIONER

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(BY SRI GANAPATHY BHAT VAJRALLI, 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 - 560001

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THE SECRETARY COMMERCE AND INDUSTRIES, DEPARTMENT OF COMMERCE, VIKASA SOUDHA, BENGALURU - 560001

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THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVAN, BENGALURU - 560001

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, RAMANAGARA DISTRICT, RAMANAGARA - 571 511

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... RESPONDENTS

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(BY SRI A.M. SURESH REDDY, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 25.11.2016 ISSUED BY R-4 AS PER ANNEX-B & ETC.

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

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W.P.No.50072/2018 & other cases

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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/orders 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:

¶158

“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:-

¶159

“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

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W.P.No.50072/2018 & other cases

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13 -

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that the application of the petitioner was received by the Competent Authority before 16.06.2015.”

¶163

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:

¶164

“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.

¶165

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.”

¶167

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.

¶168

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.

¶169

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

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W.P.No.50072/2018 & other cases

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14 -

¶172

within four weeks from the date of production of the certified copy of this order.

¶173

No costs.”

¶174

The position aforesaid applies to the present cases too. Accordingly, these writ petitions are also disposed of at this stage itself while disapproving the impugned endorsements/orders, 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.

¶175

The authorities concerned shall consider and finally 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 M. Suresh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri M. Suresh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

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