Y. SRIDHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The learned AGA waives notice for the respondents. The matter is taken up for final disposal.

(2.) The challenge in this group of writ petitions is to the orders passed by Senior Geologist, Department of Mines and Geology rejecting the applications filed by the petitioners for grant of quarrying leases under the Karnataka Minor Mineral ConcessionRules, 1994 (for short 'the said Rules of 1994'). In all these cases, the applications were filed prior to 12th August 2016 and in none of these cases, quarrying leases were granted prior to 12th August 2016. By the impugned orders/endorsements which are subject matter of challenge in these writ petitions, the applications made by the petitioners for grant of quarrying leases have been rejected.

(3.) A perusal of the impugned orders would show that the cases have not been considered in the light of sub-rule (2) of Rule 8-B of the said Rules of 1994 inasmuch as the applications made by the petitioners were rendered ineligible as on 12th August 2016 and the same could have been considered provided the cases were covered by any of the exceptions carved out under sub-rule (2) of Rule 8-B. Therefore, these petitions will be governed by the judgment and order dated 16th August 2019 passed by this Court in W.P.No.10601 of 2019. Therefore, by setting aside the impugned orders/endorsements, a direction will have to be issued to the respondents to consider the case of the petitioners in accordance with sub-rule (2) of Rule 8-B of the said Rules of 1994.