Writ petition challenging orders rejecting quarrying lease renewal applications. Court held that rule mandating late applications be rejected applied when application was filed.
Rejection of petition against orders dated 05.05.2015 and 09.12.2016.
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 1st DAY OF MARCH, 2021
PRESENT
THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY
W.P. NO. 7087 OF 2019 (GM-MM-S)
BETWEEN:
SRI R.SHIVAKUMAR S/O RAJU AGED 42 YEARS R/AT MURUGAN COLONY U.B.ROAD, KADUR TALUK CHIKMAGALURU DIST.-577 548.
... PETITIONER
(BY SHRI M.P.SRIKANTH, ADVOCATE)
AND:
... RESPONDENTS
2
(BY SHRI VIKRAM HUILGOL, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226B AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 5.5.2016 PASSED BY THE 3RD RESONDENT VIDE ANNEXURE-C, TO SET ASIDE THE ORDER ATED 9.12.2016 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-D, AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate representing the respondents.
the provisions of the Karnataka Minor Mineral Concession Rules, 1994 (for short, “the said Rules of 1994”). The lease was for a period of five years from 4th February, 2011. Thus, the lease came to an end on 3rd February, 2016. Admittedly, an application was made by the petitioner for renewal of the quarrying lease on 4th May, 2016. By an order dated 5th May, 2016, the said application was rejected on the ground that it was not filed within the time stipulated in sub-rule (2) of Rule 21 of the said Rules of
3
4
mentioned in the tabular form which is a part of sub-rule (2), shall be rejected.
Sd/CHIEF JUSTICE
Sd/JUDGE
vgh*
2 issues framed by the court
Whether an application for renewal of a quarrying lease filed after the specified deadline under Rule 21 could be entertained.
Whether the rejection of the renewal application was lawful given the strict deadline mandate.
1 provisions across 1 enactments
Sri R. Shivarudraiah S/o Raju
State of Karnataka
Abhay S. Oka
S. VishwaJith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
