K. NIRANJAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus directing the respondents to treat the mining lease of the petitioner for a period of 50 years with effect from 18/2/1976 as provided under Sec. 8A(3) and (6) of the Mines and Minerals (Development and Regulation) Amendment Act, 2015. The petitioner also seeks a writ of certiorari for quashing the order dtd. 21/2/2017.

(2.) Facts leading to filing of this petition briefly stated are that a mining lease was executed on 3/2/1976 in favour of the petitioner in respect of an area measuring 39 acres in Ramanadurga Range of Sandur Taluk of Bellary District for a period of 20 years. The period of mining lease expired on 3/2/1996. However, the petitioner did not file any application seeking renewal of the aforesaid lease.

(3.) The State Government issued a notification on 15/3/2003 inviting applications for grant of mining lease for iron ore and other minerals. The area which was previously allotted to the petitioner was also notified in the said notification. The petitioner thereupon submitted a fresh application for grant of mining lease on 16/4/2003. The aforesaid application was rejected and the order rejecting the application for grant of mining lease was affirmed by the revisional authority by an order dtd. 8/3/2011. The said orders were challenged by the petitioner in a writ petition viz., W.P.No.14779/2011, which was disposed of by a bench of this court by an order dtd. 5/7/2016 with the following directions: