JYOTHI GRANITES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel appearing for the petitioner. Issue notice to the respondents. The learned Additional Government Advocate takes notice on behalf of the respondents.

(2.) The petitioner applied for grant of quarrying lease on 19th November 2014 under the provisions of the Karnataka Minor Mineral Concession Rules, 1994 (for short 'the said Rules'). A writ of mandamus is prayed for in this petition directing the respondents to execute a quarrying lease in favour of the petitioner relying upon the deeming provisions and on the judgment and order dated 27th July 2017 in W.P.No.33820/2017 passed by the first Court.

(3.) The said Rules were amended with effect from 12th August 2016. As per sub-rule (1) of Rule 8-B of the said Rules as amended, all the applications for grant of quarrying lease pending on 12th August 2016 were rendered ineligible. Certain exceptions were carved out under sub-rule (2) of Rule 8-B to sub-rule (1) of Rule 8-B.