Quashed

Sri Jagadish M Battur v. State of Karnataka

Karnataka HC12 Apr 2021WP/3374/2021

Case brief

AI extract

What is this about?

Five writ petitions were filed challenging orders stopping mining activities in leased areas. The High Court held that impugned orders were unsupported by any provision of law and quashed them, noting that cancellations can be initiated later if breaches of lease conditions are found.

What did the court decide?

Impugned orders stopping mining activities were quashed as they lacked statutory support.

Sri Jagadish M Battur Vs State of Karnataka — Mining and Natural Resources | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF APRIL, 2021

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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 SURAJ GOVINDARAJ

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WRIT PETITION No. 3296/2021 (GM-MM-S) C/W

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WRIT PETITION Nos. 3321/2021, 3324/2021,

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3359/2021, 3374/2021(GM-MM-S)

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W.P. No. 3296/2021

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Between:

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Sri. S.R. Bellary Son of late Rudrappa Aged about 48 years Residing at Mutebennur village Mutebennur Village Byadagi taluk Haveri Distrct – 581 110. … PETITIONER

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(By Sri. Punith C, Adv.)

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And :

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State of Karnataka Represented by its Secretary Department of Mines and Geology, Vidhana Soudha Bangalore – 560 001.

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The Joint Director Department of Mines and Geology North Zone

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Bellary – 583 101.

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Senior Geologist (Ore.) Mines and Geology Department Gadag – 583 101.

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The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore – 560 001.

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The Deputy Commissioner Gadag District Gadag – 582 101. … RESPONDENTS

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(By Sri. Vikram Huilgol, AGA)

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This Writ petition is filed under Articles 226 and 227 of the Constitution of India with a prayer to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1081/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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W.P. No. 3321/2021

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Between:

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Sri. A.J.Kalakeri Son of Jandisab Kalkeri Aged About 46 Years Residing at #1152/A Gundikeri Plat, Hirevadhatti

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Mandargi Taluk Gadag District Pin code -582 113 …Petitioner

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(By Sri Punith.C, Advocate)

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And :

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1.	State of Karnataka Represented by its Secretary Department of Mines and Geology Vidhana Soudha Bangalore -560 001.
2.	The Joint Director Department of Mines and Geology North Zone Bellary -583 101.
3.	Senior Geologist (Ore) Mines and Geology Department Gadag Pin Code -582 101
4.	The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001
5.	The Deputy Commissioner Gadag District Gadag, Pin Code : 582 101 …Respondents
(By	Sri Vikram Huilgol, Additional Government Advocate)

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This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the

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nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA.BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1082/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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W.P.No.3324/2021

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Between:

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Sri Surendra Reddy Son of Adishesha Reddy Aged about 48 years Residing at Gururaghavendra Nilaya Mulugand Road, Lakshman sagar Gadag District Pin Code -582 101 …Petitioner

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(By Sri Punith.C, Advocate)

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And :

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State of Karnataka Represented by its Secretary Department of Mines and Geology Vidhana Soudha Bangalore -560 001.

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The Joint Director Department of Mines and Geology North Zone Bellary -583 101.

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Senior Geologist (Ore) Mines and Geology Department Gadag Pin Code -583 101

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The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001

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The Deputy Commissioner Gadag District Gadag Pin Code : 582 101 …Respondents

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(By Sri Vikram Huilgol, Additional Government Advocate)

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This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1079/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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W.P. No. 3359/2021

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Between:

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Shiva Ganga Stone Crushing Industries Having office at #30/41, Flat No.35, 1^st Floor, Madhura Estate Keshavapura, Hubballi Pin code -580 020 Represented by his Partner Sri Shashank Shettar …Petitioner

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(By Sri Punith.C, Advocate)

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And :

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State of Karnataka Represented by its Secretary

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Department of Mines and Geology Vidhana Soudha Bangalore.

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The Joint Director

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Department of Mines and Geology North Zone, Bellary -583 101.

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Senior Geologist (Ore) Mines and Geology Department Gadag, Pin Code -583 101

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The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001

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The Deputy Commissioner Gadag District Gadag, Pin Code : 582 101 …Respondents

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(By Sri Vikram Huilgol, Additional Government Advocate)

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This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUD/a/1085/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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W.P.No.3374/2021

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Between:

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Sri Jagadish M. Battur Son of Mahadevappa D Battur

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Aged about 42 years Residing at Mulagunda, Gadag Taluk Gadag District Pin code -582 117 …Petitioner

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(By Sri Punith.C, Advocate)

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And :

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1.	State of Karnataka Represented by its Secretary Department of Mines and Geology Vidhana Soudha Bangalore-560 001.
2.	The Joint Director Department of Mines and Geology North Zone Bellary -583 101.
3.	Senior Geologist (Ore) Mines and Geology Department Gadag Pin Code -582 101
4.	The Director Department of Mines and Geology Khanija Bhavan Race Course Road Bangalore - 560 001
5.	The Deputy Commissioner Gadag District Gadag Pin Code : 582 101 …Respondents
(By	Sri Vikram Huilgol, Additional Government Advocate)

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This Writ Petition is filed under articles 226 and 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other appropriate writ, order or direction quashing the order dated 21.11.2020 vide reference No. HI.BHU.V/GA/BHU.ELA/GA.GI.KA/ KAPATHAGUDA/1077/2020-21 issued by the 3^rd respondent as per Annexure-A and etc.,

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These Writ Petitions coming on for Preliminary Hearing this day, CHIEF JUSTICE , passed the following;

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O R D E R

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The submissions were heard on the last date (8^th April 2021). The facts of these cases are more or less identical. Therefore, we are referring to the facts of the case in W.P. No.3296/2021.

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The petitioner was granted a quarrying lease under

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the Karnataka Minor Mineral Concession Rules, 1994 (for short "the said Rules of 1994"). The challenge in the petition is to the order dated 21^st November, 2020 issued by the Senior Geologist (third respondent). By the said order, the petitioner was directed to stop the mining activity in the

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leased area. The first reason given in the said order is that in the meeting of the Gadag District Task Force (Mines) Committee, it was agreed that it is necessary to stop the mining activities within one kilometer from the boundary of Kappattagudda Wildlife Sanctuary. Therefore, the petitioner was instructed to stop the mining activity. In addition, it was also directed to stop mining in the sanctioned stone mining leased area.

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On the last date, we had directed the learned Additional Government Advocate to take instructions whether all the leases subject matter of these petitions are valid and subsisting. Today, on instructions, he states that the leases are valid and subsisting.

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After having perused the order impugned in W.P. No.3296/2021, it must be mentioned here that the same does not refer to any statutory provisions or statutory Rules which empower the District Task Force Committee or the

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State Government to close all the activities of mining in a particular area. So long as the leases granted to the petitioners under the said Rules of 1994 are valid and subsisting, the mining activities on the basis of the leases cannot be prevented or stopped.

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In case the petitioners commit breach of the provisions of the said Rules of 1994 or the conditions in the leases, action can be initiated under Rule 6(3) of the said Rules of 1994. Moreover, Section 19 of Mines and Minerals Development and Regulation Act, 1957 provides that if any prospecting licence or mining lease is granted, renewed or acquired in contravention of the provisions of the said Act or any Rules or orders made thereunder, the same shall be void and of no effect. However, recourse to the aforesaid provisions has not been taken in the cases in hand.

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Hence, the impugned orders cannot be sustained

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as the same are not supported by any provision of law. Accordingly, we pass the following;

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O R D E R

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(i) The impugned orders at Annexure-A are hereby quashed;

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(ii) It will be always open for the respondents to initiate

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proceedings for cancellation of the leases, if they so desire;

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(iii) The writ petitions are disposed of with the above directions.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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LRS.

Sri Jagadish M Battur v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Jagadish M Battur v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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