Sri G J Vijay Kumar vs State Of Karnataka
2022 Latest Caselaw 6028 Kant

Citation : 2022 Latest Caselaw 6028 Kant
Judgement Date : 4 April, 2022

Karnataka High Court

Sri G J Vijay Kumar vs State Of Karnataka on 4 April, 2022

Bench: Chief Justice, S R.Krishna Kumar

                          -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 04TH DAY OF APRIL, 2022

                       PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                         AND

     THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

     WRIT PETITION NO.20443 OF 2021 (GM-MM-S)

BETWEEN:

SRI.G.J.VIJAY KUMAR
S/O. G.JAIRAM REDDY
AGED ABOUT 59 YEARS
RESIDING AT NO.2/1
'MARUTHI NILAYA',
HAL ROAD, DOMLUR
BENGALURU - 560 071
                                          ... PETITIONER
(BY SMT.ANUPAMA BORDOLOI, ADVOCATE)

AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS DIRECTOR
       DEPT. OF MINES AND GEOLOGY
       KHANIJA BHAVAN, RACE COURSE ROAD
       BENGALURU - 560 001

2.     DEPUTY DIRECTOR
       DEPARTMENT OF MINES AND GEOLOGY
       KHANIJA BHAVAN, RACE COURSE ROAD
       BENGALURU - 560 001

3.     THE JOINT DIRECTOR
       MINES AND GEOLOGY DEPARTMENT
       SOUTH ZONE
       MYSORE - 570 022

4.     THE SENIOR GEOLOGIST
       MINERAL DIVISION
       DEPARTMENT OF MINES AND GEOLOGY
       KOLAR - 563 103
                                  -2-


5.    DEPUTY FOREST CONSERVATOR
      FOREST DEPARTMENT
      GAJALADINNE
      KOLAR - 563 101

6.    THE DEPUTY COMMISSIONER
      KOLAR DISTRICT
      KOLAR - 563 103

7.    THE MEMBER SECRETARY
      STATE ENVIRONMENT IMPACT
      ASSESSMENT AUTHORITY
      7TH FLOOR, M.S. BUILDING
      BENGALURU - 560 001
      KARNATAKA
                                                  ... RESPONDENTS

(BY SRI. S.S. MAHENDRA, AGA FOR R1 TO R6)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED 05.06.2020 PASSED BY
RESPONDENT NO. 3 IN REVISION APPLICATION NO.83/2018-19
(ANNEXURE-A) AND ETC.

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

                              ORDER

Heard.

2. The notice for respondent Nos.1 to 6 shall be

accepted by learned Additional Government Advocate. For

the order proposed, we do not find it necessary to issue

notice to respondent No.7.

3. The writ petition has been filed seeking the

following reliefs:

"a. Issue a writ in the nature of Certiorari or any other appropriate writ or order to set aside the

impugned order dated 05.06.2020 passed by the Respondent No.3 in Revision Application No.83/2018-19. (Annexure-A)

b. Issue a writ in the nature of Certiorari or any other appropriate writ or order to quash the endorsement dated 18.11.2016 issued by the Respondent No.3 rejecting the Petitioner's Application dated 15.06.2009 bearing No. (Annexure-B)

c. Issue a writ or order to direct the respondent no.4 to allow quarrying lease application bearing No.21 dated 15.06.2009 pertaining to area of 15 acres in Sy.No.9, in Guttahalli Village, Kolar Taluk, Kolar District. (Annexure-C)

d. Issue writ or order declaring that the impugned order dated 05.06.2020 passed by the Respondent No.3 in Revision Application No.83/2018-19 is bad in law. (Annexure-A)

e. Grant such other and further reliefs, including the costs of this writ petition in the interest of Justice."

4. There is consensus between the parties i.e., the

petitioner's counsel as well as learned Additional

Government Advocate appearing for respondent Nos.1 to 6

that the controversy involved in the writ petition is squarely

covered by the judgment and order dated 03.02.2022

passed in W.P.No.20578/2021 [Smt.J.V.Prathusha vs.

State of Karnataka and others] whereby, similar order

has been quashed and the matter has been remitted back

to the Revisional Authority to consider the application of the

petitioner in accordance with the decision of this Court in

W.P.No.10601/2019 [K.Thirumalesh vs. State of

Karnataka & Ors (2019) SCC Online Kar 1522] within a

period of three months from the date of copy of this order

being placed before respondent No.3.

5. The operative portion of the order dated

03.02.2022 passed in W.P.No.20578/2021, on

reproduction, reads as under:

"i) A Writ of certiorari is issued. The order dated 05.06.2020 passed by the respondent No.3 in Revision Application No.81/2019-20 is quashed.

ii) The matter is remitted to the Revisional Authority - respondent No.3 to consider the application of the petitioner in accordance with the decision of this Court in the case of Thirumalesh stated supra, more particularly Paras 47 to 49 thereof, within a period of three months from the date of copy of this order being placed before the respondent No.3."

6. In view of the above, we do not find it

necessary to decide the case separately on merit.

7. The writ petition is allowed in terms of the

judgment and order dated 03.02.2022 passed in

W.P.No.20578/2021 (supra). Consequently, the impugned

order dated 05.06.2020 passed by respondent No.3 in

Revision Application No.83/2018-19 is quashed and a

direction is issued to respondent No.3-Joint Director, Mines

and Geology Department, Mysuru to consider the

application of the petitioner in accordance with the decision

of this Court in the case of Thirumalesh (supra) more

particularly, in accordance with paragraphs 47 to 49 of the