Allowed

S Ravi Raj Bhat v. State of Karnataka

Karnataka HC16 Apr 2021WP/7532/2021

Case brief

AI extract

What is this about?

This order addresses a writ petition seeking extension of a quarrying lease period from 10 to 30 years under Rule 8-A(2). Relying on principles from W.P.No.3929 of 2021, the High Court held the lease shall be 30 years and directed respondents to execute a supplementary deed.

What did the court decide?

Lease period deemed 30 years; respondents directed to execute supplementary deed within two months.

S Ravi Raj Bhat Vs State of Karnataka — Mining and Natural Resources | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^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.7532 OF 2021 (GM-MM-S)

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BETWEEN:

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S.RAVI RAJ BHAT S/O U.GOVINDA BHAT AGED ABOUT 58 YEARS NO.313, EVA MALL, 3^RD FLOOR PRESTIGE PENTA, BRIGADE ROAD BENGALURU - 560 025 ... PETITIONER

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(BY SRI. K.B.SHIVAKUMAR, ADV.)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MSME AND MINES) VIKASA SOUDHA

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BANGALORE - 560 001

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THE COMMISSIONER AND DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001

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THE SENIOR GEOLOGIST MINERAL DIVISION DEPARTMENT OF MINES AND GEOLOGY CHIKKABALLAPURA - 562 101 … 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 PRAYING TO DIRECT THE RESPONDENTS TO ISSUE CORRIGENDUM WITHIN A TIME FRAME AMENDING THE PERIOD OF THE LEASE IN THE QUARRYING LEASE DEED NO.851 DATED 26.02.2011 PRODUCED AS ANNEXURE "A" DIRECTING THE RESPONDENTS TO TREAT THE LEASE AS GRANTED FOR A PERIOD OF 30 YEARS IN PLACE OF 10 YEARS FROM THE DATE OF INCEPTION i.e., 26.02.2011.

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

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ORDER

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Issue notice to the respondents. The learned Additional Government Advocate waives notice for the respondents.

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Considering the narrow controversy involved in the petition, the same is taken up for final disposal.

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The petitioner has been granted a quarrying lease under the provisions of the Karnataka Minor Mineral Concession Rules, 1994 (for short 'the said Rules of 1994') in respect of the grey granite. A copy of the quarrying lease has been annexed to the petition. The petitioner has been granted the quarrying lease for a period of ten years from 26^th February 2011. The issue is about deemed extension of the period of lease in accordance with sub-rule (2) of Rule 8-A of the said Rules of 1994.

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There is no dispute between the learned counsel appearing for the petitioner and the learned Additional

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Government Advocate that the issue involved in this petition has already been decided by the judgment and order dated 6^th April 2021 passed by this Court in W.P.No.3929 of 2021 and therefore, this petition will be governed by the said decision.

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Accordingly, for the reasons recorded in the judgment and order dated 6^th April 2021, we pass the following order:

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(i) We hold that the period of lease granted to the petitioner under quarrying lease No.851 dated 26^th February, 2011 shall be thirty years from 26^th February, 2011;

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(ii) We direct the respondents to execute a supplementary deed of lease in favour of the petitioner within a period of two months from today.

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(iii) The petition is accordingly disposed of.

Sd/CHIEF JUSTICE

Sd/-

JUDGE

hkh.

S Ravi Raj Bhat v. State of Karnataka

Case brief

What is this about?

What did the court decide?

S Ravi Raj Bhat v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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