LAKSHMIVENKATESHWARA KALLU Vs. JOINT DIRECTOR OF MINES

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Government Advocate for the respondents.

(2.) The writ petition has been filed seeking a direction to the respondents to issue license to the petitioner after collecting the license fee.

(3.) As per the facts of the case in brief, the petitioner is a Society registered under the Karnataka Societies Registration Act whose members are persons who were engaged in the work of stone quarrying in the extent of 3 acres of land in survey No.38 of Melinakuruvalli, Thirthahalli Taluk, Shivamogga right from the period of their ancestors from past more than 45 years. It is submitted that the members of the petitioner Society are continuously making application to the respondents for issuance of license for stone quarrying. However, the respondents have not considered the petitioner's applications and have not granted license. It is submitted that the petitioner has filed a Writ Petition in W.P.No.50389/2019 which was rejected vide order dtd. 6/11/2019. However, it was clarified that the petitioner can make fresh application for the relief before the Competent Authorities. It was in pursuance of this, the petitioner gave representation but the respondents without considering the representations have now proposed to put the said area for auction, in which the members of the petitioner were doing quarrying work. It is submitted that the petitioner is ready to deposit the license fee. However, the respondents be directed to consider the application and grant license to the petitioner Society.