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2023 Supreme(Online)(KAR) 14423
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NC: 2023:KHC:39809-DB
WP No. 24224 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 24224 OF 2023 (GM-MM_S)
BETWEEN:
SRI. DODDANNA,
S/O SHIVANNA,
AGED ABOUT 57 YEARS,
R/A WARD NO.16, 3RD DIVISION,
JANATA COLONY, KUVEMPU NAGAR,
GUNDLUPET,
CHAMARAJANAGAR TALUK & DISTRICT-571 111.
…PETITIONER
(BY SRI. LAKAMAPURMATH CHIDANANDAYYA.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF COMMERCE
& INDUSTRIES,
(SSI, TEXTILES AND MINES),
VIKASA SOUDHA,
BENGALURU-560 001.
2.
THE DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BENGALURU-560 001.
Digitally signed
by SHARADA
VANI B
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC:39809-DB
WP No. 24224 of 2023
3.
THE JOINT DIRECTOR,
DEPARTMENT OF MINES & GEOLOGY,
MYSORE DIVISION, MYSORE.
4.
THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
CHAMARAJANAGAR DISTRICT,
NO.316, 317, 3RD FLOOR, DISTRICT BHAVAN,
CHAMARAJANAGAR,
CHAMARAJANAGAR DISTRICT-571 111.
…RESPONDENTS
(BY SRI.S S MAHENDRA.,PRINCIPAL GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A)
CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN NOT
CONSIDERING THE APPLICATION DATED 26.03.2015 VIDE
ANNEXURE-A OF THE PETITIONER FOR GRANT OF QUARRY
LEASE IN RESPECT OF THE SCHEDULE PROPERTY AS PER
CIRCULAR DATED 11.09.2023 VIDE ANNEXURE-P AND B)
ISSUE A WRIT, ORDER OR DIRECTIONS IN THE NATURE OF
MANDAMUS DIRECTING THE 4TH RESPONDENT TO CONSIDER
THE APPLICATION DATED 26.03.2015 VIDE ANNEXURE-A OF
THE PETITIONER FOR GRANT OF QUARRY LEASE TREATING
THE APPLICATION FILED BY THE PETITIONER AS VALID IN LAW
IN VIEW OF SUBSTITUTION OF RULE 8B (1) OF THE
KARNATAKA
MINOR
MINERAL
CONCESSIONS
RULES
AS
AMENDED ON 17.03.2023, AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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NC: 2023:KHC:39809-DB
WP No. 24224 of 2023
Petitioner, a quarrying lease aspirant, is knocking at
the doors of Writ Court with the following principal
prayers:
“a) CALL for records which ultimately resulted
in not considering the application dated
26.03.2015 vide Annexure-A of the Petitioner
for grant of quarry lease in respect of the
schedule
property
as
per
circular
dated
11.09.2023 vide Annexure-P.
b) Issue writ, order or directions in the nature
of Mandamus directing the 4th Respondent to
consider the application dated 26.03.2015 vide
Annexure-A of the Petitioner for grant of
quarry lease treating the application filed by
the petitioner as valid in law in view of
substitution of Rule 8B(1) of the Karnataka
Minor Minerals Concession Rules as amended
on 17.03.2023.”
Learned counsel for the petitioner argues that
when a citizen makes an application for the grant of State
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Largesse, the statutory authorities cannot sleep over the
same for indefinite period of time and that Article 350 of
the Constitution of India mandates a decision being taken
on
such
a
claim
expeditiously.
Learned
Additional
Government Advocate appearing for respondents opposes
the
petition
contending
that
unless
the
statutory
compliances are accomplished, the relief as claimed in the
petition cannot be granted, for a mere askance. Having so
contended, now he agrees with our suggestion that a
decision on the subject application need to be taken in
accordance with law and in a reasonable period.
In the above circumstances, this writ petition is
disposed off directing the jurisdictional authorities to take
a call on the subject application of the petitioner in
accordance with law and within an outer limit of eight
weeks. All contentions of the parties are kept open and
that we have not expressed any opinion on the merits of
petitioner’s application.
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It is open to the authorities to solicit from the
petitioner any document or information as is required for
the due consideration of the subject application. However,
in that guise, no delay shall be brooked. Costs made easy.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
Snb/
List No.: 1 Sl No.: 19
