Shivappa vs State Of Karnataka
2021 Latest Caselaw 1467 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 28TH DAY OF JANUARY, 2021
                       PRESENT
      THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE
                          AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

         WRIT PETITION NO.11413/2020 (GM-MM-S)

BETWEEN

SHIVAPPA
S/O PUTTAPPA BASAPUR
AGED ABOUT 45 YEARS
OCC: AGRICULTURE AND BUSINESS
R/O BINGAPUR, HANGAL TALUK
HAVERI DISTRICT-581 104                  ...PETITIONER

(BY SRI S Y SHIVALLI, ADVOCATE)

AND

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS
       CHIEF SECRETARY TO GOVERNMENT
       VIDHANA SOUDHA
       BENGALURU-560 001

2.     THE SECRETARY TO GOVERNMENT
       DEPT. OF COMMERCE AND INDUSTIRES
       VIKAS SOUDHA, BENGALURU
       BENGALURU-560 001

3.     THE DIRECTOR / COMMISSIONER
       DEPT. OF MINES AND GEOLOGY
       KHANIJA BHAVAN, RACE COURSE ROAD
       BENGALURU-560 001
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4.   THE SENIOR GEOLOGIST
     DEPT. OF MINES AND GEOLOGY
     G.G. MAGAVI CHAMBERS
     II FLOOR, P.B. ROAD
     HAVERI-581 110

5.   THE DEPUTY COMMISSIONER
     CHAIRMAN OF THE DISTRICT
     TASK FORCE (MINES) COMMITTEE
     HAVERI-581 110

6.   THE DEPUTY CONSERVATOR OF FOREST
     HAVERI DIVISION
     HAVERI-581 110              ...RESPONDENTS

(BY SRI I THARANATH POOJARY, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE FOURTH RESPONDENT -SENIOR GEOLOGIST
AND COMPETENT AUTHORITY TO GRANT AND EXECUTE A
QUARRYING LEASE IN FAVOUR OF THE PETITIONER TO
EXTRACT ORDINARY BUILDING STONE WHICH IS A NON-
SPECIFIED MINOR MINERAL OVER AN AREA OF 1 ACRE IN
GOVERNMENT GAYARANA LAND BEARING SY.NO.28/A,
BINGAPUR VILLAGE, HANAGAL TALUK, HAVERI DISTRICT
FORTHWITH FOR A PERIOD OF 20 YEARS AS PER
ANNEXURE-B.


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING   THIS   DAY,   CHIEF   JUSTICE   MADE   THE
FOLLOWING:
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                              ORDER

There is no dispute that this petition will be governed by the

judgment and order dated 18th December 2020 in

W.P.No.10988/2020.

2. Hence, we pass the following order:

(i) We direct the respondents to implement the order dated

9th June 2017 by taking all necessary steps within a maximum

period of three months from today;

(ii) The writ petition is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

bkv