S. NIJALINGE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of Cr.P.C., seeking quashing of the proceedings in C.C.No.861/2016 pending on the file of the I Additional Civil Judge and JMFC, Kanakapura, wherein he has been arrayed as accused for the alleged offences punishable under Sections 21 , 4 , 4(1A) of the Mines and Minerals (Development & Regulation) Act , 1957 and Sections 379 , 467 of IPC and Section 94(3) of the Karnataka Land Revenue Act, 1964.

(2.) I have heard the learned counsel for the petitioner and learned counsel for the respondent.

(3.) Learned counsel for the petitioner submits that the petitioner is the Managing partner in M/s. R.C. India, a partnership firm. On 12.10.1999, a quarrying lease was issued in favour of the said R.C. India by the State Government in respect of land bearing Sy.No.53 of Achlu village, Sathanur Hobli, Kanakapura Taluk, for a period of 10 years. Subsequently, exercising powers under Rule 9 (2A) of the Karnataka Mines and Mineral (Concession) Rules, 1994 (for short "the Rules"), working permission was issued in favour of the said Firm till 17.05.2012. Meanwhile, since the lease was due to expire on 11.10.2009, the said Firm made an application seeking renewal of lease and since the said application was not disposed of by the State Government, the lease period was deemed to have been extended by virtue of Rule 9 (2A) of the Rules. Further, the said Firm also obtained environmental clearance.