Chief Justice Oka held that the petition was misconceived as Annexure-B was an application for license renewal under the Karnataka Regulation of Stone Crushers Act, 2011, not a quarrying lease renewal, and dismissed the plea accordingly.
Prompted to file a proper petition.
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 16TH DAY OF JUNE, 2021
PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.10072/2021 (GM-MM-S)
BETWEEN
M/S.S R BELLARY SAND STONE CRUSHER SHIVAJI NAGAR, 3RD CROSS MUTEBENNUR VILLAGE, BYADAGI TALUK HAVERI DISTRICT-581106
...PETITIONER
(BY SRI SIDDAMALLAPPA P M, ADVOCATE)
AND
1 . STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA BANGALORE-560001
2 . THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN BANGALORE-560001
3 . THE DEPUTY COMMISSIONER GADAG DISTRICT GADAG-582101
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4 . THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NORTH ZONE, BELLARY-583101
5 . THE SENIOR GEOLOGIST (ORE) MINES AND GEOLOGY DEPARTMENT GADAG-582101
6 . THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY GADAG DISTRICT GADAG-582111
7 . THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NORTH ZONE, BELLARY-583101
8 . THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVAN NO.49, CHURCH STREET BENGALURU-560001
…RESPONDENTS
(BY SRI S S MAHENDRA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 16.12.2020 FOR RENEWAL OF QUARRYING LEASE AS PER ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
The learned counsel appearing for the petitioner seeks time. Prayer (1) which is the only substantive prayer in the petition reads thus:
"1] Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the respondents to consider the application dated 16.12.2020 for renewal of quarrying lease as per Annexure-B."
Sd/-
CHIEF JUSTICE
Sd/JUDGE
bkv
2 issues framed by the court
Whether the writ petition praying for a mandate to consider an application is maintainable when the petition is misconceived and the application is erroneously described as a lease renewal but is actu
Whether liberty can be granted to file a proper petition where the original petition is misconceived.
2 provisions across 2 enactments
M/s. S R Bellary Sand Stone Crusher, Shivaji Nagar, 3rd Cross Mutebennur Village, Byadagi Taluk Haveri District
State of Karnataka
Abhay S. Oka
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
