The High Court of Karnataka was approached to ensure disposal of an application for M-sand quarry lease. Directing the authority to decide the application within three months and communicate the order, the court disposed of the writ petition.
Direct the concerned authority to decide the application and communicate the order within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2020
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 12026 OF 2020 (GM-MM-S)
BETWEEN :
HARRON K S/O MOOSE KUNHI AGED 57 YEARS, R/AT APARTMENT NO.1404, B WING, 14TH FLOOR, PLANET SKS, NEAR KPT STAND, KADRI HILLS, KADRI POST, MANGALORE D.K.DISTRICT-575 004.
...PETITIONER
(BY SRI AJAY PRABHU, ADVOCATE FOR SRI SACHIN B S, ADVOCATE)
AND :
THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN, SOUTH BLOCK, SRI D DEVARAJ URS ROAD, RACECOURSE ROAD, BANGALORE-560 001.
…RESPONDENT
(BY SRI I. THARANATH POOJARY, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO DISPOSE OF THE APPLICATION FILED BY THE PETITIONER DATED 04.02.2017 FOR GRANT OF
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M-SAND QUARRY LEASE/LICENSE IN TERMS OF PROVISIONS CONTAINED UNDER THE KARNATAKA MINOR MINERAL CONCESSION RULES, 1994 AS PER ANNEXURE-A AND TO PASS NECESSARY ORDERS IN ACORDANCE WITH LAW AND ETC.
THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The submission of the learned Additional
Government Advocate is that no decision has been taken on the application at Annexure-A. Hence, this petition need not be kept pending and we pass the following order:
(i) We direct the concerned authority to decide the application at Annexure-A and to communicate the order passed thereon within a period of three months from today, to the petitioner or the counsel for the petitioner;
(ii) The writ petition is disposed of with the above
directions.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
vgh*
2 issues framed by the court
Whether the respondent authority must dispose of the pending application for M-sand quarry lease within a specified period.
Whether the writ petition should be dismissed or directed to afford the applicant opportunity for decision.
HARRON K
THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY
ABHAY S. OKA
S. VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
