High CourtsDIVISION BENCH(2017) 04 KAR CK 0079

MAHESH MALLAPPA GADIWADDAR S/O MALLAPPA GADIWADDAR vs STATE OF KARNATAKA

Karnataka High Court · Decided on 19 April 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, P.S.DINESH KUMAR
RESULT
Disposed
CASE NUMBER
16190 of 2017 (GM-MM-S)

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Judgment

8 paragraphs · 228 words
1.

Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for all the respondents. Therefore, formal service of notice to the respondents is dispensed with.

2.

This is a writ petition, in substance, seeking for a direction to the authorities to execute the lease in favour of the writ petitioner.

3.

Admittedly, the application for grant of lease was made prior to the amendment of the Karnataka Minor Mineral Concession Rules, 2016. Therefore, the endorsement issued against the writ petitioner was erroneous, inasmuch as the authorities proceeded on the erroneous assumption that the petitioner was ineligible.

4.

Mr.Bhanuprakash, learned additional government advocate, submits that till today, no-objection from the environment department has not reached the concerned authorities. It is the responsibility of the authorities to obtain such clearance as, also, the technical reports, if any.

5.

The concerned authorities are directed to send their opinion to the authorities of the Mines and Geology Department within two weeks.

6.

We set aside the endorsement produced as Annexure-D to the writ petition and direct the authorities to consider the prayer for execution of the lease deed within four weeks from the date of communication of this order, subject to no-objection from the environment department as, also, the technical report from the departments concerned.

7.

With the aforesaid directions, the writ petition stands disposed of.

8.

We make no order as to costs.