SRINIVASA REDDY, J.

( 1 ) THIS Writ Petition is filed by the villagers of Maddakkanahalli - gollarahatti, Sira Taluk, Tumkur District in public interest to. protect and save the gomal land belonging to six villages of Maddakkanahalli - Gollarahatti, Gowdanagere, Mosarukunte, Kurubarahalli, ranganahalli and Tavarekere coming within the Tavarekere Mandal panchayath. The petitioners claim that they have a common grievance and common interest in the Writ Petition being interested in protecting the gomal land compraised in Sy. No. 39 of maddakkanahalli Village from being leased out either for mining or from unauthorised cultivation. In order to show that it is a gomal land the petitioners have produced Annexure "a' which is a copy of record of Rights pertaining to Sy. No. 39. The said Sy. No. 39 contain a small Stone Quarry, which is located close to Gollarahatti where sizable population are residing. In order to show that the villages referred to supra are close nit the petitioners have also produced a village Map. The petitioners further state that there is a school very close to stone Quarry and a public road which passes through the stone Quarry connecting Gollarahatti and Gowdanagere leading to other villages namely, Maddakkanahalli and Tavarekere.

( 2 ) THE grievance of the petitioners in this Writ Petition is that the respondents 1 and 2 have sought to lease out a portion of land measuring 4 acres in Sy. No. 39 to the 3rd respondent for a Quarry lease of Grey Granite. To that extent, the 2nd respondent has issued a Notification dated 10. 01. 1992 as per Annexure 'd' sanctioning the grant of Quarry Lease under Rule 9 of Karnataka Minor Mineral concession Rules, 1969 (hereinafter called KMMC Rules, 1969) for a period of five years to the 3rd respondent on the terms and conditions set-forth therein. The petitioners are seeking to quash the said Notification Annexure 'd' by issuing a Writ of Certiorari and also for quashing the Lease deed bearing No. QL 6584 dated 01. 08. 1992 executed pursuant to Annexure 'd' by issuing a further writ of Certiorari on the ground that the same are contrary to law and are opposed to public interest. Further, the Quarry Lease sought to be given in favour of the 3rd respondent, is opposed to Rules 3 (2} and 3 (a) of KMMC Rules, 1969 without following the procedure prescribed. The grant of Lease is malafide and motivated. The ecology of the area would be disturbed if the same is granted by way of Lease in favour of the 3rd respondent. If the 3rd respondent is allowed to quarry, it would not only affect the petitioners and their animals but would also affect the ecology of the area.

( 3 ) PETITIONERS also contend that before granting the land, no notice was given to the villagers which is mandatory. The only source of water for the villagers is a public well which is situated in Sy. No. 39 which is close to the Stone Quarry surrounded on all sides by patta lands. The quarrying operation involves use of explosives and therefore, use of public road, the public well and the cultivation of the lands near about the Stone Quarry would become impossible thereby affecting the livelihood of the Villagers in the area. Therefore, the present Writ Petition is filed for the reliefs stated supra.

( 4 ) ON filing the Writ Petition, this Court granted stay of impugned Annexure 'd which is in force. Upon service of notice on the respondents, the respondents have filed their statement of objections in two sets, one by the contesting respondent No. 3 and the other by respondent Nos. 1 and 2.

( 5 ) IN the statement of objections filed by the 3rd respondent, it is contended that pursuant to Annexure 'd' dated 10. 01. 1992, the authorities have also executed a Lease Deed dated 01. 08. 1992; that the land in question was not set apart for any public purpose and mere production of the RTC extract will not enable the petitioners to come to the conclusion that the land in question is a gomal land. The same was required to hav

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