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2000 Supreme(Kar) 93

T.N.VALLINAYAGAM, V.GOPALA GOWDA
R. S. EXPORTS~ – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
A.PADMANABHAN, L.M.Chidanandaiah

V. GOPALA GOWDA, J.

( 1 ) THE petitioner is a partnership firm carrying on business of excavation, removing, transporting and exporting granite. It has filed this writ petition seeking to quash the notification at Annexure-A date 30-7-1997 revoking the quarry license granted to it on 20-8-96 for quarrying black granite in 4 acres of land in Sy. No. 80 of Veeranpura in Chamarajanagar Taluk of Mysore District.

( 2 ) ). The brief facts of the case are, the aforesaid land was granted to one Smt. Kanakarathnamma under the Karnataka Land Grant Rules (hereinafter referred to as Land Grant Rules ). The petitioner states that it has obtained the consent of the grantee to exploit the mineral existing in the land in question as required under Rule 34 (2) of Karnataka Minor Mineral Concession Rules 1994 (hereinafter referred to as 'the Rules' ). It is stated that in view of the view taken by this Court in the case of State of Karnataka v. Dondumadha Shetty ILR (1993) Kant 2506 that pattadars of granted lands are not entitled to excavate granite from the granted lands unless quarrying lease or license from the Mines and Geology Department, the grantee and the petitioner filed W. P. No. 22813/199












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