This PIL challenged the telegraphic private lease renewal against 2006 for a lapsed quarry. The Court doubted the petitioner's credentials and delayed sleep regarding illegal mining since 1978.
The writ petition seeking to quash the quarry lease notification and deed was dismissed. The matter is left open for the Authority to reconsider.
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 12TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.14789 OF 2021 (GM-MM-S)
BETWEEN:
SRI. DINESH KALLAHALLI, S/O SRI. RAMAIAH, AGED ABOUT 43 YEARS, R/AT KALLAHALLI VILLAGE, KALLAHALLI POST, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562 117.
…PETITIONER
(BY SRI.RAKESH B BHATT, ADVOCATE)
AND:
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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1.ISSUE WRIT OF CERTIORARI OR ANY APPROPRIATE ORDER QUASHING THE IMPUGNED NOTIFICATION DATED 30.12.2014 BEARING SL. NO. CI 403 MMN 2014 FOR GRANTING THE QUARRY LEASE IN FAVOUR OF TH 5TH RESPONDENT, AS PER ANNEXURE - E, CONSEQUENTLY, QUASH THE IMPUGNED QUARRY LEASE DEED DATED 20.05.2006 LEASE RENEWED IN FAVOUR OF 5TH RESPONDENT FOR A PERIOD 20 YEARS IN Q.L. NO. 22R, AS PER ANNEXURE - F AND ETC.,.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
Heard.
"i) Issue Writ of Certiorari or any appropriate order quashing the impugned Notification dated 30.12.2014, bearing Sl.No.CI 403 MMN 2014 for granting the quarry lease in favour of the 5th respondent, as per Annexure-E; Consequently, quash the impugned Quarry Lease Deed dated 20.05.2006 lease renewed in favour of the 5th respondent for a period 20 years in Q.L.No.22R, as per Annexure-F, in the interest of justice and equity.
ii) Issue Writ of Mandamus or any appropriate direction directing the Independent Enquiry Agency to conduct the enquiry against the respondent officials who are involved to renew the lapsed/closed quarry lease by violating the Rules and Regulations by causing loss to the Government exchecture, in the interest of justice and equity.
iii) Issue Writ of Mandamus or any appropriate order directing the 1st respondent to recover the loss
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caused to the Government exchecture from the 5th respondent and others, in the interest of justice and equity.
iv) Grant such other relief's as this Hon'ble Court deems fit to grant on the facts and circumstances of the case, in the interest of justice and equity."
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lapsed lease cannot be renewed. It is also contended that the Granite Conservation & Development Rules, 1999 cannot be made applicable to lease granted in the year 1978.
were going on since 1978. When for the first time, the lease was granted, the petitioner did not raise any objection during the period from 1978 and particularly, when the license was renewed in the year 1996 as well as in the year 2014, the license was renewed with effect from 20.05.2006, now, suddenly, he woke up to raise the objection regarding illegal mining and irregularities committed in renewal of the lease.
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It is open for the Authority concerned to consider the question of renewal of lease granted to the private respondent and to take appropriate action in accordance with law.
The pending interlocutory applications, if any, stand disposed of.
Sd/CHIEF JUSTICE
Sd/JUDGE
VM
3 issues framed by the court
Whether the writ petition seeking to quash a quarry lease renewal due to alleged procedural violations is a fit case for judicial intervention given the delay in filing.
Whether theCentre or State Actuality Authority acted illegally in renewing a lapsed quarry lease without a renewal application.
Whether the petitioner has locus standi and sufficient credentials to file a Public Interest Litigation challenging the lease renewal after decades of inaction.
1 provisions across 1 enactments
Sri. Dinesh Kallahalli
State of Karnataka
Sree Raghavendra Granites
Ritu Raj Awasthi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
