Sri Prabhu H C vs The Commissioner
2022 Latest Caselaw 2085 Kant

                              -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 9TH DAY OF FEBRUARY, 2022

                           PRESENT

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

    WRIT PETITION NO.14729 OF 2019 (GM-MM-S)

BETWEEN:
SRI PRABHU H.C
AGED ABOUT 59 YEARS
S/O LATE CHANDRASHEKAR
NO.163, JENU KALLU BETTA
SEGE HOSUR VILLAGE
POST MADALAPURA
SOMWARPET TALUK
KODAGU DISTRICT
                                         ... PETITIONER
(BY SRI AKASH B. SHETTY, ADVOCATE)

AND:
1. THE COMMISSIONER
   DEPARTMENT OF MINES AND GEOLOGY
   KHANIJA BHAVANA, RACE COURSE ROAD
   BENGALURU - 560 001

2. THE DEPUTY COMMISSIONER
   KODAGU DISTRICT
   MADIKERI - 571 201

3. THE SENIOR GEOLOGIST
   DEPT. OF MINES & GEOLOGY
   MADIKERI - 571 201

4. THE DEPUTY CONSERVATOR OF FOREST
   MADIKERI SUB-DIVISION
   MADIKERI - 571 201

5. THE TAHSILDAR
   SOMWARPET TALUK
   KODAGU DISTRICT - 571 236
                                       ... RESPONDENTS
(BY SRI S.S.MAHENDRA, AGA)
                               -2-


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ENDORSEMENT DATED 19.03.2019 ISSUED BY RESPONDENT NO.3
VIDE ANNEXURE-F AND ETC.


      THIS PETITION COMING ON FOR HEARING THIS DAY, SURAJ
GOVINDARAJ J., MADE THE FOLLOWING:


                            ORDER

This writ petition has been filed seeking the following

reliefs:

"(a) Quash the endorsement bearing No.KBhuE/HBhuV (K)/KKGu/2018-19 dated 19.3.2019 issued by respondent No.3 vide ANNEXURE-F.

(b) Direct Respondent Nos.2 and 3 to consider the application for quarry lease of the petitioner in terms of the order in W.P.No.33279/2018 (GM-MMS) vide ANNEXURE-D

(c) Grant such other reliefs as this Hon'ble Court deems fit to grant."

2. Both the learned counsel submit that the lis involved in

the above petition is already been decided in a similar matter

in Writ Petition No.29534/2019 and connected matters by the

judgment dated 12.03.2021 and the said judgment would be

equally applicable to the present case.

3. Accepting the said submission, we dispose of the

petition by passing the following order:

(i) We direct that the case of the present petitioner based on any of clauses (a) to (d-1) of sub-rule (2) of Rule 8-B of the Karnataka Minor Mineral Concession Rules, 1994 (for short, "the said Rules of 1994") shall be considered by the concerned authority of the State in the light of the amendment to clause

(e) of sub-rule (2) of Rule 8-B made by virtue of Rule 7 of the Amendment Rules of 2020;

(ii) We clarify that if in the case, eligibility of the petitioner under any of clauses (a) to (d-1) of sub-rule (2) of Rule 8-B of the said Rules of 1994 is established, the grant of lease cannot be denied on the ground that the same has not been executed within a period of twenty- four months from 12th August 2016;

(iii) Appropriate decision in the case for grant of the lease shall be taken by the concerned authority of the State Government within a period of three months from today.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB