Karnataka High Court
Ramakrishna Shetty vs State Of Karnataka on 2 March, 2022
Bench: Chief Justice, S R.Krishna Kumar
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.4723 OF 2022 (GM-MMS)
BETWEEN:
RAMAKRISHNA SHETTY
S/O CHANDAYYA SHETTY
AGED ABOUT 64 YEARS,
(SR.CITIZEN BENEFITS NOT CLAIMED)
R/O BOTTA HOUSE
NEERE VILLAGE AND POST
UDUPI DISTRICT-574 102
... PETITIONER
(BY SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY
VIDHAN SOUDH, BENGALURU
BENGALURU-560 001
2. THE SECRETARY TO GOVT
DEPT. OF COMMERCE AND INDUSTRIES
VIKAS SOUDH, BENGALURU
BENGALURU-560 001
3. THE DIRECTOR AND DMG COMMISSIONER
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, RACE COURSE ROAD
BENGALURU-560 001
4. THE SENIOR GEOLOGIST
AND COMPETENT AUTHORITY
DEPARTMENT OF MINES AND GEOLOGY
RAJATADRI, MANIPAL
UDUPI DISTRICT-576 104
5. THE DEPUTY COMMISSIONER
D C OFFICE COMPLEX, RAJATADRI
-2-
MANIPAL, UDUPI
UDUPI DISTRICT-576 104
... RESPONDENTS
(BY SRI S.S.MAHENDRA, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
NOTICE DATED 11.01.2022 BEARING NO.GaBhuE/HiBhu
(UDUPI)/KaGaGu/2021-22/5290 ISSUED BY THE 4TH RESPONDENT
SENIOR GEOLOGIST AND COMPETENT AUTHORITY PRODUCED AT
ANNEXURE A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard.
2. The writ petition has been filed seeking
following reliefs:
"A. Issue a Writ of Certiorari or any other order or
direction directing to quash or set aside the Notice
dated 11.01.2022 bearing No.GaBhuE/HiBhu
(Udupi)/KaGaGu/2021-22/ 5290 issued by the 4th
Respondent Senior Geologist & Competent
Authority, produced at Annexure-A; and/or
B. Issue a Writ of Mandamus or any other Order or
Direction, directing the 4th Respondent Senior
Geologist to issue Mineral Dispatch Permits for the
transportation of legally extracted Ordinary
Building Stones in Govt., Land bearing Sy.No.329/1
of Yerlapady Village, Karkala Taluka, Udupi District,
over an area of 02.00 Acres as per Quarry Lease
Deed at QL No.3232-R1 dated 14.03.2017 valid up
till 11.01.2027 pursuant to Order dated 06.02.2020
passed by this Hon'ble Court in WP No.542/2020
produced at Annexure-C & E respectively: and/or
C. Pass any such other further Orders as this Hon'ble
Court deems as fit and proper under the facts and
circumstances of the case to meet the ends of
justice."
3. Learned counsel for the petitioner submits that
in view of the judgment of this Court passed in
W.P.No.542/2022 dated 06.02.2020, the Mineral Dispatch
Release Order (MDRO) or MDP cannot be denied to the
petitioner and the application preferred by him has to be
decided in the light of the legal position, which has been set
out in the said judgment.
4. Learned Additional Government Advocate
appearing for the respondents, on the other hand submits
that the Writ Petition is premature as the reply to the
impugned notice dated 11.01.2022 submitted by the
petitioner is pending before the authority concerned and no
decision has been taken in this regard sofar. The petitioner
cannot be said to be aggrieved at this stage.
5. We have considered the submissions and gone
though the records.
6. It is the case of the petitioner that against the
impugned notice dated 11.01.2022, he has preferred a
reply, a copy of which is annexed as Annexure-B dated
03.02.2022, which is pending. In that view of the matter,
with the consent of both parties and without expressing any
opinion on the claim of the petitioner, we dispose of this
Writ Petition with an observation that respondent No.4 -
The Senior Geologist & Competent Authority, Department of
Mines & Geology, Rajatadri, Manipal, Udupi District, shall
consider and take appropriate decision, in accordance with
law on the reply dated 03.02.2022, a copy of which is
annexed as Annexure-B, as expeditiously as possible and
preferably within a period of two months from the date of
receipt of a certified copy of this order. A copy of the reply
dated 03.02.2022 has to be placed before respondent No.4
and the decision taken shall be communicated to the
petitioner. Till any decision is taken on the reply of the
petitioner by respondent No.4, no action shall be taken on
the basis of the impugned notice dated 11.01.2022.
Accordingly, the Writ Petition is disposed of.
SD/-
CHIEF JUSTICE
SD/-
JUDGE
BMC
