Partly allowed

Sri K Manjunath v. State of Karnataka

Karnataka HC12 Jul 2019WP/27210/2019

Case brief

AI extract

What is this about?

This single-judge bench of the Karnataka High Court heard three writ petitions filed under Articles 226 and 227 seeking to quash impugned orders regarding mineral lease periods. Relying on the order in W.P. No. 27209/2019, the High Court quashed the challenged orders, set them aside, restored the revision applications, and directed the authorities to decide them within three months.

What did the court decide?

Impugned orders at Annexure-C quashed and set aside; respective revision applications restored to the file and decided within three months; petitions disposed of.

Sri K Manjunath Vs State of Karnataka — Mining and Natural Resources | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JULY, 2019

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PRESENT

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THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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WRIT PETITION NO. 27207/2019 (GM-MM-S) AND

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WRIT PETITION NO. 27208/2019 (GM-MM-S) AND WRIT PETITION NO. 27210/2019 (GM-MM-S)

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In W.P. No. 27207/2019

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BETWEEN :

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M/S. SHREE MARUTHI STONE CRUSHERS A PROPRIETARY CONCERN REP. BY ITS PROPRIETOR SRI S.N. KANTHRAJU S/O LATE SRI NARASIMHAIAH AGED ABOUT 43 YEARS HAVING ITS OFFICE AT NO.348/1 GANAPATHI TEMPLE ROAD GIRIDARSHINI LAYOUT AALANAHALLI MYSORE – 570 001

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... PETITIONER

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(BY SHRI L.M. CHIDANANDAYYA, ADVOCATE)

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AND :

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STATE OF KARNATAKA REP. BY ITS SECRETARY (MSME & MINES) DEPARTMENT OF COMMERCE AND INDUSTRIES

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VIKASA SOUDHA BANGALORE – 560 001

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DIRECTOR

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DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE – 560 001

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DISTRICT TASK FORCE COMMITTEE HEADED BY DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA – 571 401

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SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION MANDYA – 571 401

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DEPUTY CONSERVATOR OF FOREST DEPARTMENT OF FOREST MANDYA SUB-DIVISION MANDYA – 571 401

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ASST. CONSERVATOR OF FOREST DEPARTMENT OF FOREST MANDYA SUB-DIVISION SUBASH NAGAR MANDYA – 571 401

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JOINT DIRECTOR CUM REVISIONAL AUTHORITY DEPARTMENT OF MINES AND GEOLOGY SOUTH ZONE MYSORE – 570 001

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.... RESPONDENTS

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(BY SHRI 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 ORDER

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DATED 22.11.2012 PASSED BY THE 3^RD RESPONDENT VIDE ANNEXURE-A AND THE CONSEQUENTIAL ORDER DATED 30.01.2013 VIDE ANNEXURE-B ISSUED BY THE 4^TH RESPONDENT AND ORDER DATED 30.05.2019 IN REVISION PETITION NO.63/2018-19 VIDE ANNEXURE-C PASSED BY THE 7^TH RESPONDENT AND ETC.

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In W.P. No. 27208/2019

BETWEEN :

... PETITIONER

(BY SHRI L.M. CHIDANANDAYYA, ADVOCATE)

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AND :

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STATE OF KARNATAKA REP. BY ITS SECRETARY (MSME & MINES) DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE – 560 001

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DIRECTOR

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DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE – 560 001

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DISTRICT TASK FORCE COMMITTEE HEADED BY DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA – 571 401

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SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION MANDYA – 571 401

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DEPUTY CONSERVATOR OF FOREST DEPARTMENT OF FOREST MANDYA SUB-DIVISION MANDYA – 571 401

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ASST. CONSERVATOR OF FOREST DEPARTMENT OF FOREST MANDYA SUB-DIVISION SUBASH NAGAR MANDYA – 571 401

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JOINT DIRECTOR CUM REVISIONAL AUTHORITY DEPARTMENT OF MINES AND GEOLOGY SOUTH ZONE MYSORE – 570 001

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.... RESPONDENTS

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(BY SHRI 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 ORDER DATED 22.11.2012 PASSED BY THE 3^RD RESPONDENT VIDE ANNEXURE-A AND THE CONSEQUENTIAL ORDER DATED 30.01.2013 VIDE ANNEXURE-B ISSUED BY THE 4^TH RESPONDENT AND ORDER DATED 30.05.2019 IN REVISION PETITION NO.61/2018-19 VIDE ANNEXURE-C PASSED BY THE 7^TH RESPONDENT AND ETC.

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In W.P. No. 27210/2019

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BETWEEN :

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SRI K. MANJUNATH S/O SRI TIMMEGOWDA AGED ABOUT 47 YEARS R/AT KALENAHALLI VILLAGE MANDYA TALUK MANDYA – 571 401

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... PETITIONER

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(BY SHRI L.M. CHIDANANDAYYA, ADVOCATE)

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AND :

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STATE OF KARNATAKA REP. BY ITS SECRETARY (MSME & MINES) DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BANGALORE – 560 001

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DIRECTOR

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DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE – 560 001

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DISTRICT TASK FORCE COMMITTEE HEADED BY DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA – 571 401

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SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION MANDYA – 571 401

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DEPUTY CONSERVATOR OF FOREST DEPARTMENT OF FOREST MANDYA SUB-DIVISION MANDYA – 571 401

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ASST. CONSERVATOR OF FOREST DEPARTMENT OF FOREST MANDYA SUB-DIVISION SUBASH NAGAR MANDYA – 571 401

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JOINT DIRECTOR CUM REVISIONAL AUTHORITY DEPARTMENT OF MINES AND GEOLOGY SOUTH ZONE

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MYSORE – 570 001

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.... RESPONDENTS

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(BY SHRI 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 ORDER DATED 22.11.2012 PASSED BY THE 3^RD RESPONDENT VIDE ANNEXURE-A AND THE CONSEQUENTIAL ORDER DATED 30.01.2013 VIDE ANNEXURE-B ISSUED BY THE 4^TH RESPONDENT AND ORDER DATED 30.05.2019 IN REVISION PETITION NO.64/2018-19 VIDE ANNEXURE-C PASSED BY THE 7^TH RESPONDENT AND DIRECT THEM TO TREAT THE PERIOD OF THE LEASE AS 30 YEARS UNDER RULE 8A OF THE KARNATAKA MINOR MINERAL CONCESSION RULES AMENDMENT 2016 AND ETC.

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

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ORDER

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Heard the learned counsel appearing for the petitioners and

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the learned High Court Government Pleader appearing for the respondents.

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It is not in dispute that the facts of these three petitions

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are similar to the facts in W.P.No.27209/2019. Therefore, for the reasons recorded in the order dated 11^th July 2019 passed in W.P.No.27209/2019, we pass the following order:

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(i) The impugned orders at Annexure-C are hereby quashed and set aside. The respective revision applications on which the impugned orders were passed by the Revisional Authority are restored to the file;

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(ii) The revision applications shall be decided in the light of the observations made in the order dated 11^th July 2019 in W.P.No.27209/2019, within a period of three months from today;

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(iii) Accordingly, the petitions are disposed of.

Sd/CHIEF JUSTICE

Sd/-

JUDGE

Sri K Manjunath v. State of Karnataka

Case brief

What is this about?

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Sri K Manjunath v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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