Disposed

Sri Nyamagoudar Y L v. State of Karnataka

Karnataka HC20 Sept 2024WP/22413/2024

Case brief

AI extract

What is this about?

Petitioner challenged a State notification treating his expired mining lease as ineligible for extension. Since his representation dated 21.03.2024 remained pending before the Principal Secretary, the court directed that authority to decide it on merits within eight weeks, without expressing any opinion on merits, and declined to entertain the petition further.

What the court decided

AI extract

Sri Nyamagoudar Y L Vs State of Karnataka — Mining and Natural Resources | Karnataka HC (2024)

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NC: 2024:KHC:38852-DB WP No. 22413 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 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 K V ARAVIND WRIT PETITION NO. 22413 OF 2024 (GM-MMS)

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BETWEEN:

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SRI. NYAMAGOUDAR Y.L., S/O YELLAPPA LAKSHMAPPA, AGED ABOUT 61 YEARS, YADWAD 591136, GOKAK TALUK, BELAGAVI DISTRICT, KARNATAKA STATE.

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…PETITIONER

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(BY SRI. SRINIVASA K.N., ADVOCATE)

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AND:

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Digitally signed by AMBIKA H B Location: High Court of Karnataka

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STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRY MSME AND MINING, 1^ST FLOOR, VIKASA SOUDHA, BANGALORE 560 001

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STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE 560 001

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2 - NC: 2024:KHC:38852-DB WP No. 22413 of 2024

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THE DIRECTOR AND COMMISSIONER, DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVANA, RACE COURSE ROAD, BANGALORE 560 001

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, NO.68, SANGAMESHWARA NAGARA, BELGAUM 590 010

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THE SUB-REGISTRAR OFFICE OF THE SENIOR SUB-REGISTRAR OF GOKAK, GOKAK TALUK, BELGAUM DIST 590 010

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THE DEPUTY COMMISSIONER BELGAUM DISTRICT BELGAUM 590 010

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO i) ISSUE A WRIT OF CERTIORARI BY QUASHING THE NOTIFICATION DATED 11/08/2020, BEARING NO.CI 162 CMC 2016, WHICH PRODUCED AT ANNEXURE-M AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE

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N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND

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3 - NC: 2024:KHC:38852-DB WP No. 22413 of 2024

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ORAL ORDER

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned Advocate Mr. Srinivasa K.N., for the petitioner and Additional Government Advocate Smt.Nilofer Akbar for the respondent - State who appeared to assist the Court upon service of copy of the petition in advance.

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2. The petitioner prays to set-aside notification dated

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11.08.2020 of the State Government, whereby the lease of the petitioner vide M.L.No.2257 is treated as ineligible for extension. The said lease was granted to one Mr.Yallappa Lakshmappa Nyamgowdar on 02.11.1990.

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It is the say of the petitioner that since the said lessee did not proceed to register the lease deed as per Rule 31(2) of the Mineral Concession Rules, 1960 under the Karnataka Stamp Duty Act, 1957 and did not submit the land conversion order within the said period under Section 8A of the Mines and Minerals (Development &

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NC: 2024:KHC:38852-DB WP No. 22413 of 2024

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Regulation) Amendment Act, 2015, the mining lease has been treated to be ineligible.

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The facts show that the mining lease was granted for a period of 20 years from 20.11.1999 in respect of revenue land measuring 4.86 hectors in Sy.No.526/2/1 and 526/2/2 of Yadwad Village, Koujalagi Hobli, Gokak Taluk, Belgavi District. It is the case of the petitioner that he is entitled to deem extension of 50 years under the Rules and that the State Government has issued notification after 11.08.2020 arbitrarily, and without issuing any notice to the petitioner.

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The lease period expired in the year 2019; petition is filed in the year 2024. In addition to the above aspect, it could be immediately noticed from the record that the representation of the petitioner dated 21.03.2024 is pending before the Principal Secretary to Government Department Commerce and Industries (Micro, Small and

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5 - NC: 2024:KHC:38852-DB WP No. 22413 of 2024

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Medium Enterprises) & Mining, and has remained

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undecided.

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In the totality of facts and circumstances, this petition is disposed of by directing the competent authority of the respondent to consider the representation dated 21.03.2024 of the petitioner, already remained pending to decide the same in accordance with law strictly on merits, within a period of eight weeks from today.

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6.1 This court has not gone into nor has expressed any opinion on merits.

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