Karnataka High Court
Gurukiran vs The Secretary To Government on 4 November, 2024
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NC: 2024:KHC:44306-DB
WP No. 2714 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 2714 OF 2024 (GM-MM-S)
BETWEEN:
1. GURUKIRAN
S/O BASAVARAJ ILIGER,
AGED ABOUT 33 YEARS,
OCC: BUSINESS,
R/O 1ST CROSS, VIDYANAGAR, GOKAK,
BELAGAVI 591307
...PETITIONER
(BY SRI SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE)
Digitally AND:
signed by
PRABHAKAR 1. THE SECRETARY TO GOVERNMENT
SWETHA
KRISHNAN DEPT. OF COMMERCE AND INDUSTRIES,
Location: VIKAS SOUDHA,
High Court BENGALURU 560001
of Karnataka
2. THE DIRECTOR/COMMISSIONER
DEPT. OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU 560001
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NC: 2024:KHC:44306-DB
WP No. 2714 of 2024
3. THE DEPUTY DIRECTOR
DEPT. OF MINES AND GEOLOGY,
BAUXITE ROAD, BELAGAVI 590001
...RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT, ORDER
OR DIRECTION, DIRECTING THE RESPONDENT AUTHORITIES
TO CONSIDER AQL APPLICATION DATED 15/20-10-2014
(ANNEXURE-B) IN VIEW OF AMENDED RULE 8B OF KMMC
RULES, 2023 FOR GRANT AND EXECUTE A QUARRYING
LEASE IN FAVOUR OF PETITIONER TO EXTRACT ORDINARY
BUILDING STONE, WHICH IS A NON-SPECIFIED MINOR
MINERAL, OVER AN AREA OF 4 ACRES IN GOVERNMENT
GAYARANA LAND BEARING SY.NO.613, SATTIGERI VILLAGE,
YARAGATTI TALUK, BELAGAVI DISTRICT FORTHWITH FOR A
PERIOD OF 30 YEARS.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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NC: 2024:KHC:44306-DB
WP No. 2714 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Shivalli Shivayogi
Yallappagouda for the petitioner and learned Government
Advocate Mr. K.S. Harish for the respondents, who appeared upon
service of copy of the petition in advance.
2. The case of the petitioner is that he had applied for grant of
quarry lease in the year 2014 for extracting original building stone.
The quarry lease applied is in respect of Sy.No.613 admeasuring 4
Acres situated at Sattigeri Village, Yaragatti Taluka, Belagavi
District. The said land is a Government Gayarana land.
3. The case of the petitioner is that the petitioner has complied
with the mandatory conditions and observed the formalities under
the Karnataka Minor Mineral Concession Rules, 1994. Despite this,
the application has not been processed and no decision is taken, it
was submitted.
NC: 2024:KHC:44306-DB
4. On the basis of the above premise of facts, the prayer is
made to direct the respondent - authorities to consider the
application dated 15/20.10.2014 under the Karnataka Minor
Mineral Concession Rules, 2023 for grant of quarry lease.
5. Since 2014 the application of the petitioner is pending and
has remained undecided and the only prayer made is to direct the
respondents to consider the said application, this petition could be
disposed of by directing the competent authorities of the
respondents to decide the said application of the petitioner strictly
in accordance with law preferably within a period of twelve weeks
and also decide as to whether the petitioner is entitled to grant of
quarry lease.
6. This Court has not gone into merits nor has expressed any
opinion on merits.
7. The petition is disposed of accordingly.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
