M/S. Raghavenera Constructions Company Vs the Department of Mines and Geology

M/S. RAGHAVENDRA CONSTRUCTIONS COMPANY REPRESENTED BY ITS PROPRIETOR H.S. NANJUNDAIAH RESIDING AT NO.272 SHIVA KRIPA, JPN ROAD GAYATHRI LAYOUT CHANNARAYAPATNA HASSAN DISTRICT - 573 116

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

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N. MAHESH AGED ABOUT 61 YEARS S/O. K. NANJE GOWDA R/AT NO.315, 6^TH CROSS ADARSH NAGAR MYSORE ROAD CHANNARAYAPATNA TOWN HASSAN DISTRICT - 573 116

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K.H. VENKATESH AGED ABOUT 65 YEARS S/O. HONNE GOWDA KANNAGHATTA DADAGA POST NAGAMANGALA TALUK MANDYA DISTRICT - 571 432

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…PETITIONERS

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(BY SRI. SAMPAT ANAND SHETTY, ADVOCATE)

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AND :

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THE DEPARTMENT OF MINES AND GEOLOGY REPRESENTED BY ITS DIRECTOR OFFICE AT KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001

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THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001

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THE DEPUTY COMMISSIONER / CHAIRMAN DISTRICT STONE CRUSHER AND LICENSING AUTHORITY TUMAKURU DISTRICT TUMAKURU - 572 104

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY OFFICE AT SPOORTHI LAYOUT SHETTY HALLI, RING ROAD TUMKURU - 572 104

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRY (MINES) VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU - 560 001

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AGAINST THE RESPONDENTS 1 AND 2 TO GRANT THE QUARRYING

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LICENSE/LEASE IN FAVOUR OF THE PETITIONERS HEREIN, IN FURTHERANCE OF THEIR RESPECTIVE APPLICATIONS VIDE ANNEXURE-A1, A2, A3 AND A4 RELATING TO THE PORTIONS OF THE LANDED PROPERTY COMPRISED IN THE AFORESAID SURVEY NUMBER 20 OF DODDASHETTIKERE VILLAGE, THURVEKERE TALUK, TUMKURU DISTRICT, WHICH HAVE BEEN INDISPUTABLY PENDING CONSIDERATION AS ON 12^TH AUGUST 2016 AND DID NOT BECOME INELIGIBLE IN VIEW OF THE APPLICABILITY OF CLAUSES (a) TO (d) AND (d1) OF SUB-RULE (2) OF RULE 8B OF THE KARNATAKA MINOR MINERAL CONCESSION RULES, 1994 AS AMENDED AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGEMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and

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HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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

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Heard learned advocate Mr. Sampat Anand Shetty for the petitioners and learned Additional Government Advocate Smt. Niloufer Akbar for the respondents.

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The present petition is filed by the petitioners, 3 in numbers.

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The petitioners seek grant of quarrying lease/licence for extracting

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building stones in the property bearing Survey No.20 of Doddashettikere Village, Turuvekere Taluka , Tumakuru District which land admeasures 10 Acres.

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Raising common grievance that their case for grant of the licence is not considered despite similarly situated applicant was favoured, the prayers are made seeking direction against the respondent-authorities of the Department of Mines and Geology to grant quarrying lease/licence in favour of the petitioners in furtherance of their respective applications produced along with the petition which are pending from 12.08.2016.

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3.1 It is the case of the petitioners that the applications would survive in view of applicability of Rule 8B of the Karnataka Minor Mineral Concession Rules, 1994, as amended. It is also prayed to direct the authorities to consider the applications in view of the representation dated 05.04.2024 produced on record (AnnexureC1, page 89) and also the Circular dated 28.02.2023.

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In the representation dated 05.04.2024 aforementioned, it is stated that previous representation was made on 07.09.2023, but no action has been taken. It is further stated that one M/s. Billiton

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Mines Wings whose proprietor is H.M. Devaraju, PWD Contractor who is similarly situated person has been granted State Level Environment Clearance but, the case of the petitioners is not attended to. It is stated that the said M/s. Billiton applied for land in the same survey number.

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In the totality of facts and circumstances when the representations of the petitioners are pending, the petition is disposed of by directing the competent authority-respondent to consider the representation dated 05.04.2024 as well as other representations made by the petitioners by deciding the same within eight weeks from today in accordance with law.

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It is further observed that since the case of the petitioners inter alia is that their case is similar to M/s. Billiton Mine Wings, while considering and deciding the representations and the prayer of the petitioners, the said aspect shall be duly considered by the competent authority in accordance with law so as to inquire into whether case of the said M/s. Billiton Mine Wings was considered on similar set of facts and circumstances.

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