Karnataka High Court
Sri D. Surendra Kumar vs State Of Karnataka on 11 October, 2022
Bench: Acting Chief Justice, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY
W.P. NO.5681 OF 2020 (GM-MM-S)
BETWEEN:
SRI. D. SURENDRA KUMAR
S/O SRI. DEVARAJ
AGED ABOUT 38 YEARS
R/AT 14/350
BEHIND KSRTC BUS STAND
CHAMARAJNAGAR - 571 313.
... PETITIONER
(BY MR. BHANU PRAKASH H.V. ADV.,)
AND:
1. STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF MINES AND GEOLOGY
VIDHANA SOUDHA, BANGALORE - 560 001.
2. DEPUTY COMMISSIONER AND CHAIRMAN
DISTRICT TASK FORCE
AUTHORITY FOR REGULATION AND LICENSING
OF CRUSHER UNITS
CHAMRAJNAGAR DISTRICT - 571 313.
3. THE DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
2
CHAMARAJANAGAR DISTRICT - 571 313.
... RESPONDENTS
(BY MR. S.S. MAHENDRA, AGA)
---
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3
TO ACT UPON THE REPRESENTATIONS MADE BY THE
PETITIONER AND TO TAKE APPROPRIATE ACTION UNDER
THE REPRESENTATIONS MADE BEFORE THE R-3, VIDE
ANNX-E DATED 05.09.2019 AND ANNX-F DATED 14.10.2019.
DIRECT THE R-3 AUTHORITY TO ACT UPON THE
REPRESENTATIONS MADE BY THE PETITIONER VIDE ANNX-
E AND F DATED 05.09.2019 AND 14.10.2019, RESPECTIVELY
AND THEREOF ISSUE THE LEASE/LICENSE BOOK TO THE
PETITIONER, SO AS TO CARRY ON THE QUARRYING WORK
IN A PEACEFUL MANNER.
THIS W.P. COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The petitioner in this writ petition has prayed for
the following reliefs:
(i) Issue writ of mandamus or any
appropriate direction directing the
respondent No.3 to act upon the
representations made by the petitioner and
to take appropriate action under the
representations made before the respondent
No.3 vide Annexure-E dated 05.09.2019
and Annexure-F dated 14.10.2019.
(ii) Issue writ of direction or writ of
mandamus, directing respondents No.3
authority to act upon the representations
made by the petitioner vide Annexures-E &
F dated 05.09.2019 and 14.10.2019,
respectively and thereof issue the lease /
license book to the petitioner, so as to carry
on the quarrying work in a peaceful
manner.
(iii) Pass any other writ or direction
which may be deemed fit to grant under the
above facts and circumstances, in the
interest of justice and equity.
2. Learned counsel for the parties jointly
submit that the controversy involved in the instant
writ petition is covered by an order dated 12.03.2021
passed by a division bench of this court in
W.P.No.29534/2019.
3. In view of the aforesaid submission and for
the reasons assigned in the judgment, the writ
petition is disposed of on the following terms:
(i) We direct that the cases of the
present petitioners based on any of clauses
(a) to (d-1) of sub-Rule (2) of Rule 8-B of the
said Rules of 1984 shall be We have
considered the submissions made on both
sides and have perused the record. By the
concerned authority of the State in the light
of the amendment to clause (3) 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 any of these
cases eligibility of the petitioners 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 this case
for grant of lease shall be taken by the
concerned authority of the State
Government within a period of three months
from today.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
SS
