Disposed

Sri S N Venkatachalapathi v. State of Karnataka

Karnataka HC11 Jan 2021WP/45696/2019

Case brief

AI extract

What is this about?

The High Court, on representation from the Additional Government Advocate that an endorsement would be withdrawn and representations re-considered, disposed of the writ petition without deciding on merits or locus, directing authorities to pass appropriate orders within two months.

What did the court decide?

Directed authorities to decide petitioners' representations afresh and pass appropriate orders within two months.

Sri S N Venkatachalapathi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF JANUARY, 2021 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 SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.45696 OF 2019 (GM-MM-S-PIL)

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BETWEEN:

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1 . SRI. S.N. VENKATACHALAPATHI S/O LATE SENDHI NANEPPA AGED 60 YEARS SADALI VILLAGE AND HOBLI CHIKKABALLAPURA TALUK - 562 104

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2 . SRI. VIJAYANANDA .S .J AGED 36 YEARS S/O LATE JAYARAMAREDDY .S .A SADALI VILLAGE AND HOBLI CHIKKABALLAPURA TALUK - 562 104

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3 . SRI. S. K. SURESH S/O S. P. KRISHNAPPA AGED 39 YEARS SADALI VILLAGE AND HOBLI CHIKKABALLAPURA TALUK - 562 104

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4 . SRI. GOVINDARAJU .S .M S/O MUNISHAMAPPA AGED 53 YEARS SADALI VILLAGE AND HOBLI CHIKKABALLAPURA TALUK - 562 104

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5 . SRI. DYAVAPPA S/O VENAKTARAMANAPPA AGED 46 YEARS SADALI VILLAGE AND HOBLI CHIKKABALLAPURA TALUK - 562 104

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6 . SRI. HANUMAPPA S/O CHINNAPPA AGED 72 YEARS SADALI VILLAGE AND HOBLI CHIKKABALLAPURA TALUK - 562 104

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7 . SRI. P. V. MANJUNATHA S/O R. VENKATAREDDY AGED 51 YEARS SADALI VILLAGE AND HOBLI CHIKKABALLAPURA TALUK - 562 104

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8 . SRI. J. KRISHNAPPA S/O LATE NARAYANAPPA AGED 62 YEARS SADALI VILLAGE AND HOBLI CHIKKABALLAPURA TALUK - 562 104

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9 . SRI. MADHANNA S/O PHOTHALAPPA AGED 72 YEARS KAMANAHALLI SADALI VILLAGE AND HOBLI CHIKKABALLAPURA TALUK - 562 104

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... PETITIONERS

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(BY SHRI. NITISH, ADVOCATE FOR SHRI. K.V. NARASIMHAN, ADVOCATE)

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AND:

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1 . STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001

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2 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE - 560 001

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3 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT VIDHANA SOUDHA BANGALORE - 560 001

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4 . STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA BANGALORE - 560 001 5 . DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 562 101 6 . ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA - 562 101 7 . TAHSILDAR SHIDLAGHATTA TALUK CHIKKABALLAPURA 8 . PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN 18^TH CROSS, MALLESHWARAM BANGALORE - 560 009 9 . DEPUTY CONSERVATOR OF FOREST CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 562 101 10 . SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT KHANIJA BHAVAN BANGALORE - 560 001 11 . SRI. P. V. MURALI S/O BENKATRAMAREDDY .G AGED 34 YEARS NO. B-38, 3^RD CROSS PRAKRITHI NAGAR KOGILU ROAD, YELAHANKA BANGALORE - 560 064 12 . SRI. LAKSHMINARAYANA REDDY S/O CHIKKANARASIMHAREDDY MAJOR NO.89, KADEHALLI VILLAGE GUNDIBANDE TALUK CHIKKABALLAPURA DISTRICT

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13 . SRI. T. M. MUNI REDDY S/O NARASIMHAPPA MAJOR NO.44, THILAKUNTAHALLI VILLAGE GUDIBANDE TALUK CHIKKABALLAPURA 14 . SRI. SOMASHEKARA REDDY S/O AADEPPA AGED 63 YEARS NO.547, NAGARAGERE-2 GOWRIBINDANURU CHIKKABALLAPURA - 561 228 15 . M/S. VENKATESHWARA STONE CRUSHERS A REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS PARTNERS: A) SRI. BHARGAVA REDDY S/O SRI. N. H. SHIVASHANKARA REDDY AGED 36 YEARS NO.300, 19^TH MAIN 5^TH CROSS, 6^TH BLOCK KORAMANGALA BANGALORE - 560 095 B) SRI. KESHAVA REDDY S/O SRI. K. P. NARASIMHARAJU AGED 51 YEARS R/A G. KOTHANURU GORIBINDANURU TALUK CHIKKABALLAPURA - 561 228 C) SRI. P. V. MURALI S/O BENKATRAMAREDDY .G AGED 34 YEARS NO.B-38, 3^RD CROSS PRAKRITHI NAGAR KOGILU ROAD YELAHANKA BANGALORE - 560 064 D) SRI. T. M. MUNI REDDY S/O NARASIMHAPPA MAJOR NO.44, THILAKUNTAHALLI VILLAGE GUDIBANDE TALUK CHIKKABALLAPURA

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E) SRI. SOMASHEKARA REDDY S/O AADEPPA AGED 63 YEARS NO.547, NAGARAGERE-2 GOWRIBINDANURU CHIKKABALLAPURA - 561 228

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F) SRI. LAKSHMINARAYANA REDDY S/O NARASIMHAREDDY MAJOR NO.89, KADEHALLI VILLAGE GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT G) SRI. MANJUNATHA .C .M S/O DODDANNA AGED 42 YEARS NO.G-2, 5^TH MAIN 5^TH CROSS, SRINIDHI LAYOUT BANGALORE - 560 062 H) SRI. JAGAN .M S/O B. V. MURUGESHAN AGED 34 YEARS NO.542, 3^RD MAIN ROAD NEAR BALAJI KALYANA MANTAPA BANNERGHATTA, BANGALORE - 560 083

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I) SRI. MALLIKA S/O LATE MALLAIAH AGED 49 YEARS THAMASANDRA VILLAGE AND POST KANAKAPURA TALUK, RAMANAGARA DISTRICT J) SRI. MANJUNATHA .T .A S/O DEVEERAPPA NO.3, 2^ND CROSS GANAPATHI TEMPLE ROAD BEHIND BRINDAVAN GARDENIA, AREHALLI SUBRAMANYAPURA POST BANGALORE - 560 061

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... RESPONDENTS

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(BY SHRI. I. THARANATH POOJARY, AGA FOR R1 TO R10 SHRI. L.M. CHIDANANDAYYA, ADVOCATE FOR R11 TO R14 AND R15(A TO J))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LEASE/LICENCE DEED AT ANNEXURE-G ISSUED IN FAVOUR OF 11^TH RESPONDENT DATED:20.12.2017 BY THE R-10 AND QUASH THE LEASE/LICENCE DEED AT ANNEXURE-H ISSUED IN FAVOUR OF 12^TH RESPONDENT DATED: 20.12.2017 BY THE R-10 AND ETC.

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THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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The learned Additional Government Advocate states that the endorsement at Annexure-Q dated 13^th August 2019 will be withdrawn and a fresh order will be passed on the representations made by the petitioners in accordance with law. He further states that this course will be adopted in view of the prima facie observations made in the order dated 5^th January 2021.

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In view of this statement, it is not necessary to keep the petition pending. Accordingly, we pass the following order:

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(i) As the impugned endorsement dated 13^th August 2019 stands withdrawn, we direct the concerned Authorities to decide the representations made by the petitioners afresh and pass appropriate orders within a period of two months from today;

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ii) We make it clear that all the contentions raised in the petition as well as the issue of locus of the petitioners are kept open;

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iii) The writ petition is disposed of on the above

terms.

Sd/CHIEF JUSTICE

Sd/JUDGE

Sri S N Venkatachalapathi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri S N Venkatachalapathi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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