YASHODHAMMA .V Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition, the petitioner inter alia seeks a writ of certiorari for quashment of endorsement dtd. 18/7/2022, by which the petitioner has been informed that his application for grant of quarry lease cannot be considered. The petitioner also seeks a writ of mandamus to direct the Director, Mines and Geology to execute a quarry lease for extraction of ornamental stone by placing the same before State Government in terms of Rule 8-B(2)(e) of the Karnataka Minor and Mineral Concession Rules, 1994 (hereinafter referred to as 'the Rules' for short).

(2.) Facts leading to filing of this appeal briefly stated are that the petitioner had submitted an application on 14/8/2014. The petitioner thereafter had obtained No Objection Certificates from the Forest and Revenue Departments on 24/2/2015 and 4/4/2015. The State Government is the competent authority to deal with the application submitted by the petitioner. However, the same was rejected on the basis of recommendation of District Task Force Committee.

(3.) We have heard learned counsel for the parties and have perused the record. From the impugned endorsement dtd. 18/7/2022, it is evident that decision has not been taken by the State Government. The competent authority as stated supra is the State Government. The impugned endorsement dtd. 18/7/2022 is per se without jurisdiction and therefore, is set aside. The State Government is directed to take an appropriate decision on the recommendations of the committee constituted under Rule 11 of the Rules expeditiously preferably within an outer limit of three months from today.