Karnataka High Court
Sri M.H. Puttaswamy Gowda vs State Of Karnataka on 29 June, 2022
Bench: Chief Justice, Ashok S.Kinagi
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE ASHOK S.KINAGI
WRIT PETITION NO.10121 OF 2022 (GM-MM-S)
BETWEEN:
SRI M.H. PUTTASWAMY GOWDA
S/O LATE HALAGEGOWDA
AGED ABOUT 49 YEARS
R/O. SURAGALLI VILLAGE
BETTADAPURA HOBLI
PERIYAPATNA TALUK
MYSORE DISTRICT.
... PETITIONER
(BY SMT. B.V. VIDYULATHA, ADVOCATE)
AND:
1 . STATE OF KARNATAKA
DEPARTMENT OF COMMERCE
AND INDUSTRIES
VIKASA SOUDHA
BANGALORE - 560 001
BY ITS SECRETARY.
2 . DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAHVAN
RACE COURSE ROAD
BANGALORE - 560 001.
3 . SENIOR GEOLOGIST (M)
DEPARTMENT OF MINES AND GEOLOGY
No. 4, GAGANACHUMBI DOUBLE ROAD
KUVEMPUNAGAR
MYSORE - 570 023.
... RESPONDENTS
(BY SRI S.S. MAHENDRA, AGA)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER SIMILAR WRIT, ORDER OR
DIRECTION, DIRECTING THE RESPONDENTS TO FORTHWITH
CONVERT WORKING PERMISSION GRANTED TO QUARRY
GRANITE IN RESPECT OF THE LAND MEASURING 2.00 ACRES IN
SY.No.79/1 OF HOODENURU VILLAGE, KONANUR HOBLI,
ARKALGUD TALUK, HASSAN DISTRICT INTO QUARRYING
LICENSE IN THE NAME OF THE PETITIONER AS SOUGHT FOR IN
THE APPLICATION DATED 04.11.2017 AT ANNEXURE-E, AND
ALSO IN THE FORM-AQL FILED BY THE PETITIONER ON
23.07.2020 AT ANNEXURE-F TO THE PETITION AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard.
2. The notice for the respondents shall be
accepted by learned Additional Government Advocate.
3. The writ petition has been filed seeking the
following reliefs:-
"a) Issue a Writ of Mandamus or any
other similar Writ, Order or Direction, directing
the Respondents to forthwith convert Working
Permission granted to quarry Granite in
respect of land measuring 2.00 Acres in
Sy.No.79/1 of Hoodenuru Village, Konanur
Hobli, Arkalgud Taluk, Hassan District into
Quarrying License in the name of the Petitioner
as sought for in the Application dated
04.11.2017 at Annexure-E, and also in Form-
AQL filed by the Petitioner on 23.07.2020 at
Annexure-F to the Petition.
b) Pass such other orders or directions
that this Hon'ble Court deems fit including cost
of the Proceedings in the interest of justice and
in the facts and circumstances of the case."
4. Learned counsel for the petitioner submits that
the controversy involved in the writ petition is squarely
covered by the judgment and order dated 25.03.2022
passed in W.P.No.21901/2021 (GM-MMS) by the Division
Bench of this Court.
5. Learned Additional Government Advocate
appearing for the respondents agrees that the controversy
involved in the writ petition is squarely covered by the
aforesaid judgment.
6. In view of the above, we do not find it
necessary to decide the case on merit.
7. The writ petition is allowed in terms of the
judgment and order dated 25.03.2022 passed in
W.P.No.21901/2021. The respondents are directed to take
necessary steps to grant quarrying lease by way of
conversion of the existing working permission in favour of
the petitioner as requested in his application at Annexure-F
dated 23.07.2020 in terms of sub-rule (11) and sub-rule
(12) of Rule 32 of the Karnataka Minor Mineral Concession
Rules, 1994 as expeditiously as possible at any rate, within
a period of one month from today.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
KPS
