A writ petition seeking grant of a quarry lease over gomal land was withdrawn by the petitioner, as a quarry lease had meanwhile been executed in favour of another party, and the court dismissed it as withdrawn.
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NC: 2024:KHC:11191-DB WP No. 12583 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 12583 OF 2018 (GM-MM_S)
BETWEEN:
M/S SRI MANJUNATHASWAMY STONE CRUSHERS REPRESENTED BY ITS PROPRIETOR KRISHNAMURTHY S/O NARASIMAHAIAH, R/AT NO.6, LOTTEGOLLAHALLI, GANDHIVIDYALAYA ROAD, R M V II STAGE, BENGALURU 560 094.
…PETITIONER
(BY SRI. RAVINDRA GAJANAN KOLLE.,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. S S MAHENDRA.,GOVERNMENT ADVOCATE; SRI. K B SHIVAKUMAR., ADVOCATE FOR R6)
THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 DEPUTY DIRECTOR TO GRANT AND EXECUTE QUARRY LEASE TO EXTRACT ORDINARY BUILDING STONES, OVER AN AREA OF 02.00 ACRE, IN GOVT. GOMAL LAND BEARING SY NO.6 OF HALEKOTE VILLAGE IN DODDABALLAPUR TALUKA, BENGALURU RURAL DISTRICT, AS PER QL APPLICATION DTD19.8.2005 FILED BY THIS PETITIONER PRODUCED AT ANNEXURE-A BASED ON REVENUE NOC DTD28.7.2015, FOREST NOC DTD16.7.2015 TECHNICAL REPORT ISSUED IN FORM-S PRODUCED AT ANNEXURE-F, G, H RESPECTIVELY AS PER THE ORDER OF THE REVISING AUTHORITY DTD1.2.2018 PRODUCED AT ANNEXURE-B IN THE LIGHT OF AN ORDER DTD15.2.2018 PASSED BY THIS HON'BLE COURT IN W.P.NO.15882/2007 REPORTED IN 2008[4] KLJ PAGE 230, VALID FOR A PERIOD OF 20 YEARS, IN TERMS OF RULE 8[5] AND [6] AS WELL AS NEWLY INSERTED RULE 8-A[2] AND [4] EFFECTIVE FROM 12.8.2016 AND CONSEQUENTLY, QUASH OR SET ASIDE THE ENDORSEMENT DTD17.4.2017 ISSUED BY THE R-4 DEPUTY DIRECTOR PRODUCED AT ANNEXURE-K.
THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Learned Advocate Mr.Ravindra Gajanan Kolle has stated
that he has filed memo for withdrawal upon instructions of the
petitioner. The memo reads as under,
19.03.2024
“In view of Execution of a Quarry Lease Deed at QL No.2723 dated 24.03.2023 in Form-E, in favour of Respondent No.6 during the pendency of the above Writ Petition, despite the fact that the Petitioner is the QL Applicant, this Petitioner is constrained to challenge the grant & execution of the said Quarry Lease. Hence, the Petitioner may kindly be permitted to withdraw the above Writ Petition with liberty to file a fresh, to meet the ends of justice.”
In view of the request, permission to withdraw writ petition is
granted. Writ Petition is dismissed as withdrawn.
Sd/CHIEF JUSTICE
Sd/JUDGE
Bsv
List No.: 1 Sl No.: 71
M/S Sri Manjunathaswamy Stone Crushers represented by its proprietor Krishnamurthy
State of Karnataka
Principal Secretary to Govt Dept of Commerce & Industries
Director & Commissioner, Department of Mines & Geology
Deputy Director & Competent Authority, Department of Mines & Geology, Bengaluru Rural District
Sri G. Eranna
N V Anjaria
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
