High Court bench permitted petitioner to apply for lease revival without deciding merits of cancellation, directing Competent Authority to act within one month.
Direction to permit application for lease revival and direct Competent Authority to decide within one month.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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.2888/2021 (GM-MM-S)
BETWEEN
SRI RAGHAVENDRA NAIK S/O BABURAYA NAIK AGED ABOUT 45 YEARS R/O KURUVAHALLI THIRTHAHALLI TALUK SHIVAMOGGA-577 432 …PETITIONER
(BY SRI B S PRASAD, ADVOCATE)
AND
2
BALRAJ URS ROAD SHIVAMOGGA-577 201 …RESPONDENTS
(BY SRI S S MAHENDRA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 23.12.2019 PASSED BY THE 3RD RESPONDENT AT ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioner. Issue notice. The learned Additional Government Advocate takes notice for the respondents.
3
to the impugned order, we permit the petitioner to make an application as per the proviso to sub-rule (1) of Rule 6 of the said Rules to the Competent Authority. If such an application is made by the petitioner within one month from today, the Competent Authority shall decide the same within a maximum period of one month from the date of receipt of the application. Needless to add that if the said application is rejected, while challenging the order of rejection of the application, it will be always open for the petitioner to challenge even the order at Annexure-A which is impugned in this petition. All contentions on merits are kept open.
Sd/-
JUDGE
bkv
2 issues framed by the court
Whether the petitioner should be permitted to apply for revival of a cancelled quarrying lease before the merits are adjudicated.
Whether directions should be issued for the timeframes in which the revival application and the decision thereon must be processed.
2 provisions across 2 enactments
Sri Raghavendra Naik
State of Karnataka
Director, Department of Mines & Geology
Senior Geologist, Department of Mines & Geology
Abhay S. Oka
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
