YOGITHA SEDTHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioner is before this Court seeking for a mandamus directing the respondents to effect deemed extension of the Petitioner's quarry lease in terms of Rule 8-A(4) of the Karnataka Minor Mineral Concession Rules, 1994 by considering the renewal application submitted on 19.01.2015 as also for a certiorari to quash the endorsement dated 22.02.2017 issued by the 4th respondent rejecting the application filed by the Petitioner's mother stating that 911.17 acres in Sy.No.354 is a deemed forest as regards which quarry lease cannot be granted.

(2.) The Petitioner's mother, late Amba Sedthi, was granted a quarry lease in QL.No.DKD/246/2010 for building stone in respect of 2 acres of land in Sy.No.354/P1A of Nitte Village, Karkala on 13.04.2010 for a period of five years which expired on 12.04.2015. Mother of the Petitioner during her lifetime had applied for renewal of said lease by filing an application on 19.01.2015 within time in terms of Rule 21(2) of Karnataka Minor Mineral Concession Rules, 1994 (for short, 'KMMC Rules') as then applicable.

(3.) The Petitioner contends that in view of the amendment to the KMMC Rules, which came into effect from 30.06.2020 introducing Rule 8-A(4) of KMMC Rules, the Petitioner is entitled to deemed extension of lease for a period of 20 years calculated from the date of renewal which needs to be granted in favour of the Petitioner who is the only legal heir of the original lessee in terms of Rule 19-C of the KMMC Rules.