Disposed

Smt P Gowramma v. the State of Karnataka

Karnataka HC30 Sept 2021WP/41504/2017

Case brief

AI extract

What is this about?

Petitioner sought writ direction on execution of lease book for schedule property. Court disposed of petition directing authorities to decide on matter considering Final Notification on Eco-sensitive Zone by Ministry of Environment within six weeks.

What did the court decide?

Petition disposed with direction to authorities to take a decision in accordance with the Final Notification dated 11.03.2020 within six weeks.

Smt P Gowramma Vs the 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 30^TH DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.41504/2017 (GM-MM/S)

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BETWEEN

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SMT P GOWRAMMA W/O SRI C NARAYANAPPA, AGED ABOUT 50 YEARS, R/AT HARAPANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT-562 106

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..PETITIONER

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(BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE)

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AND

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1 . THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VIDHI, BENGALURU-560 001

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2 . THE SECRETARY COMMERCE AND INDUSTRIES, DEPARTMENT OF COMMERCE, VIKASA SOUDHA, BENGALURU-560 001

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3 . THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT TASK FORCE COMMITTEE (MINES) BANGALORE URBAN DISTRICT,

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BENGALURU-560 009

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4 . THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, BANGALORE DISTRICT, BENGALURU-560 009

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5 . THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVAN, BENGALURU-560 001

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…RESPONDENTS

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(BY SRI S.S.MAHENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO EXECUTE THE LEASE BOOK IN RESPECT OF THE PETITIONER SCHEDULE PROPERTY WITHIN TIME FRAMED PERIOD.

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THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

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ORDER

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The petitioner has filed this present petition praying for the following reliefs:

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"i) Issue writ of mandamus or any appropriate direction directing the 4^th respondent to execute the lease book in respect of the petition schedule property within time framed period, in the interest of justice.

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ii) Grant such other reliefs 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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The dispute in the present case is whether the mining area falls within the Eco-sensitive Zone or not.

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Learned AGA has brought to the notice of this Court that a Final Notification has been issued by the Ministry of Environment, Forest and Climate Change, New Delhi, dated 11.03.2020 notifying Eco-sensitive Zone and therefore, now the authorities have to take a decision keeping in view the Final Notification.

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Resultantly, the present petition is disposed of with a direction to the authorities to take a decision in accordance with law keeping in view the Final Notification dated 11.03.2020 issued by the Government of India within a period of six weeks from today.

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It is needless to mention that in case, the petitioner is still aggrieved, the petitioner shall be free to file a fresh petition before this Court.

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SD/ACTING CHIEF JUSTICE

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SD/-

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JUDGE

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Smt P Gowramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt P Gowramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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