Sri Siddappa vs The Principal Secretary
2022 Latest Caselaw 10864 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 15TH DAY OF JULY 2022

                        PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                           AND

          THE HON'BLE MS.JUSTICE J.M. KHAZI

            W.P. NO.9354 OF 2022 (GM-MM-S)

BETWEEN:

SRI. SIDDAPPA
AGED ABOUT 48 YEARS
S/O SANKAPPA, BOKIKERE POST
SHIVANAKATTE, HOSADURGA TALUK
CHITRADURGA-515281.
                                         ... PETITIONER
(BY MR. BHANUPRAKASH V.G., ADV.,)

AND:

1.     THE PRINCIPAL SECRETARY
       DEPARTMENT OF MINES AND GEOLOGY
       STATE OF KARNATAKA
       VIDHANA SOUDHA
       BENGALURU-560001.

2.     THE DIRECTOR
       DEPARTMENT OF MINES AND GEOLOGY
       STATE OF KARNATAKA
       VIDHANA SOUDHA
       BENGALURU-560001.

3.     THE DEPUTY DIRECTOR
       DEPARTMENT OF MINES AND GEOLOGY
       CHITRADURGA DISTRICT.
       CHITRADURGA - 515281.
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4.   THE SENIOR GEOLOGIST
     DEPARTMENT OF MINES AND GEOLOGY
     CHITRADURGA - 515281.

5.   THE DEPUTY CONSERVATOR OF FORESTS
     DEPARTMENT OF FORESTS
     CHITRADURGA - 515281.
                                     ... RESPONDENTS
(BY MR. S.S. MAHENDRA, AGA)
                            ---

     THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
CERTIORARI AND SET ASIDE THE ORDER DATED 16.03.2022
ISSUED    BY    THE      THIRD    RESPONDENT       BEARING
NO.Gabhue/unicha/ka.ga.gu.shaa/495/ra.aa/2021-22 PRODUCED
AT ANNEXURE-A.

     THIS W.P. COMING ON FOR ORDERS,           THIS   DAY,
ACTING CHIEF JUSTICE MADE THE FOLLOWING:

                         ORDER

In this writ petition, the petitioner inter alia

seeks a writ of certiorari for quashment of order dated

16.03.2022 issued by Deputy Director, Department of

Mines and Geology. By the aforesaid order, the

deemed extension of quarry lease granted in favour of

the petitioner has been cancelled on the ground that

the area in question is a deemed forest.

Learned counsel for the petitioner submitted that

the issue involved in this writ petition is no longer res

integra and is covered by a division bench decision of

this court dated 12.06.2019 in W.P.No.54476/2016.

Learned Additional Government Advocate was unable

to dispute the aforesaid submission.

We have heard learned counsel for the parties at

length. For the reasons assigned by division bench of

this court vide judgment dated 12.06.2019 passed in

W.P.No.54476/2016, the impugned order dated

16.03.2022 issued by Deputy Director, Department of

Mines and Geology is hereby quashed and the writ

petition is disposed of with similar directions.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

SS