Dismissed

Sri Budeppa Bommappa Gubbi v. the State of Karnataka

Karnataka HC22 Dec 2021WP/9892/2020

Case brief

AI extract

What is this about?

Petitioner sought writ petition challenging rejection of quarrying license application via mandamus. The court held the petition does not survive as the application was subsequently rejected by a later order, and the writ petition was dismissed.

What did the court decide?

The writ petition was dismissed; petitioner reserved liberty to challenge the adjumped order dated 15.11.2021.

Sri Budeppa Bommappa Gubbi Vs the State of… — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF DECEMBER, 2021

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PRESENT

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THE HON’BLE MR. RITU RAJ AWASTHI, 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.9892 OF 2020 (GM-MM-S)

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BETWEEN:

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SRI BUDEPPA BOMMAPPA GUBBI S/O.BOMMAPPA AGED ABOUT 50 YEARS RESIDING AT NO.306 SHIRAGAMBI VILLAGE HIREKERUR TALUK HAVERI DISTRICT – 581 111 ... PETITIONER

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(BY SRI PRAKASH B.S., ADVOCATE)

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AND :

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THE STATE OF KARNATAKA

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REP. BY ITS SECRETARY

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COMMERCE & INDUSTRIES DEPARTMENT (MSME & MINES)

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VIKASA SOUDHA

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BENGALURU – 560 001

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THE DIRECTOR/COMMISSIONER

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DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, R.C.ROAD

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BENGALURU – 560 001

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THE SENIOR GEOLOGIST

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DEPARTMENT OF MINES & GEOLOGY G.G.MAGAVI CHAMBERS

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2^ND FLOOR, P.B.ROAD HAVERI – 581 110

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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 RESPONDENTS TO CONSIDER THE APPLICATION DATED 17.06.2013 AND GRANT OF QUARRYING LEASE FOR QUARRYING BUILDING STONE IN SY.NO.42/A OF YELAVALA VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT PRODUCED AS ANNEXURE-A WITHIN A TIME FRAME IN RESPECT OF THE SCHEDULE PROPERTY AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING THIS DAY, SACHIN SHANKAR MAGADUM J., MADE THE FOLLOWING:

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ORDER

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This captioned writ petition is filed seeking following

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reliefs:

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“I. CALL for the records from the 3^rd respondent with regard to the application dated 17.06.2013 produced as Annexure “A” and other related documents,

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II. ISSUE a writ, order or writ in the nature of mandamus directing the respondents to consider the application dated 17.06.2013 and grant of quarrying lease for quarrying building stone in Sy.No.42/A of Yelavala Village, Hirekerur Taluk, Haveri District produced as Annexure “A” within a time frame in respect of the schedule property,

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III. GRANT such other relief or reliefs and further reliefs as this Hon’ble Court may deem fit in the circumstances of the case in the interest of justice.”

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Learned Additional Government Advocate, today, has placed on record the order/endorsement passed by the authority wherein the application filed by the petitioner seeking quarrying licence for quarrying building stone is rejected by an order dated 15.11.2021. The said order/ endorsement passed by the authority is taken on record.

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In that view of the matter, we are of the view that the present writ petition does not survive for consideration. Accordingly, the writ petition is dismissed reserving liberty to the petitioner to challenge the same in accordance with law.

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Pending IAs., if any, stand disposed of accordingly.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

Sri Budeppa Bommappa Gubbi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Budeppa Bommappa Gubbi v. the State of Karnataka

Case brief

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What did the court decide?

What the court decided

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