Disposed

Sri.B.G. Thimmegowda v. the State of Karnataka

Karnataka HC25 Mar 2024WP/1382/2024

Case brief

AI extract

What is this about?

The petitioner sought writ Jurisdiction under Articles 226 and 227 of the Constitution directing the Senior Geologist to consider an application for a quarry lease lease within a specific time frame. The court directed the respondent to consider the application and render a decision within twelve weeks, keeping merits open.

What did the court decide?

Direction to the competent authority to consider the applicant application for grant of quarry lease and render a decision within twelve weeks.

Sri.B.G. Thimmegowda Vs the State of Karnataka — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:12136-DB WP No. 1382 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF MARCH, 2024

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE KRISHNA S DIXIT

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WRIT PETITION NO. 1382 OF 2024 (GM-MM_S)

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BETWEEN:

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SRI.B.G. THIMMEGOWDA, S/O GUNDEGOWDA, AGED ABOUT 68 YEARS, R/A BASAVANAYAKANAHALLI VILLAGE, MALLEDEVARAPURA POST, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 211. BENEFIT OF SENIOR CITIZEN NOT CLAIMED

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…PETITIONER

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(BY SRI. PRAKASH B S.,ADVOCATE)

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AND:

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Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT, (MSME & MINES), VIKASA SOUDHA BANGALORE-560 001.

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THE DIRECTOR/COMMISSIONER, DEPARTMENT OF MINES & GEOLOGY, KHANIJABHAVANA, R C ROAD, BANGALORE-560 001.

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THE SENIOR GEOLOGIST(MINERAL), DEPARTMENT OF MINES & GEOLOGY, GRAMA PANCHAYATH ROAD, BEHIND RTO OFFICE, SATHYAMANGALA, HASSAN-573 201.

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NC: 2024:KHC:12136-DB WP No. 1382 of 2024

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THE DEPUTY CONSERVATOR OF FOREST HASSAN DIVISION, HASSAN, ARANYA BHAVANA, NEAR DAIRY CIRCLE, B M ROAD, HASSAN-573 201.

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…RESPONDENTS

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(BY SRI.S S MAHENDRA., ADDITIONAL GOVERNMENT ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE 3^RD RESPONDENT WITH REGARD TO THE APPLICATION DATED 16.07.2015 PRODUCED AT ANNEXURE-A AND OTHER RELATED DOCUMENTS AND B) ISSUE A WRIT, ORDER OR WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 16.07.2015 PRODUCED AS ANNEXURE-A WITH IN A TIME FRAME FILED BY THE PETITIONER FOR GRANT OF QUARRY LEASE IN RESPECT OF THE SCHEDULE PROPERTY.

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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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Heard learned advocate Mr.B.S.Prakash for the petitioner and

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learned Government Advocate Mr.S.S.Mahendra who appears for the respondents upon service of copy of petition in advance.

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The only prayer which is made in this writ petition filed under Article 226 of the Constitution is to direct respondent No.3Senior Geologist, Department of Mines & Geology, Hassan, to consider the application of the petitioner dated 16.07.2015 within a

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3 - NC: 2024:KHC:12136-DB WP No. 1382 of 2024

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time bound period for grant of lease. Copy of the application is produced.

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The case of the petitioner is that by application dated 16.07.2015 the respondent No.3 was requested to grant quarry lease for quarrying building stone classified as non-specified minor mineral as per the Karnataka Minor Mineral Concession Rules, 1994. The quarry is applied in respect of the land bearing Sy.No.26 of Basavanayakanahalli village, Holenarasipur Taluk, Hassan District measuring 4 acres for a period of ten years.

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The said application is filed under Rule 22(1) of the aforesaid Rules. It is stated by the petitioner that no objection certificate required under Rules is received and that the application is filed within stipulated time.

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Having regard to the prayer made, it is directed that the competent authority of the respondents shall consider the application of the petitioner for grant of quarry lease and render a decision in accordance with law, preferably within twelve weeks from the date of receipt of copy of this order.

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4 - NC: 2024:KHC:12136-DB WP No. 1382 of 2024

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It is clarified that all the contentions of both the sides are

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kept open and that this court does not express any opinion on the

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merits of the case of the petitioner.

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The writ petition is disposed of accordingly.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Snb/ List No.: 1 Sl No.: 10

Sri.B.G. Thimmegowda v. the State of Karnataka

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Sri.B.G. Thimmegowda v. the State of Karnataka

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