SANTOSH KRISHNA KALGUTKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The grievance made by the petitioners in these writ petitions are similar. Therefore, they are clubbed, heard together and are disposed of by this common order.

(2.) In W.P. No. 38007/2009. petitioner is carrying on sand quarrying operations in D.K. District. He had filed an application before respondent No. 3 - Deputy Director of Mines & Geology, Mangalore, seeking grant of quarrying permit for extraction of ordinary sand from Sy. No. 154-P1 of Aituru village, Puttur Taluk of Dakshina Kannada District. Respondent No. 3 granted quarrying permit vide order dated 27.10.2009 for a period of 90 days permitting him to extract and transport ordinary sand from the said land situated in Kumaradhara river bed. Royalty of Rs. 6,000/- has been collected from the petitioner. Quarrying permit issued is produced at Annexure-A. The quarrying permit granted was valid upto 26.01.2010.

(3.) The grievance of the petitioner is that mineral dispatch permit to transport the extracted ordinary sand is granted imposing a condition that the permit was not valid for transporting to State of Kerala. This condition is imposed on the ground that the State Government has passed an order dated 28.08.2009 imposing prohibition of transportation of ordinary sand outside the State. The said Government Order is produced at Annexure-D. Aggrieved by the same, he has filed this writ petition challenging the Government Order taking up various legal contentions.