MUTTAPPA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition is filed with a prayer to quash the order at Annexure-G dtd. 17/3/2016, order at Annexure-K dtd. 7/1/2021 passed by respondent No.4 and also to quash the order dtd. 18/1/2022 passed by respondent No.3 in Revision Petition No.20/2020-21 vide Annexure-M.

(2.) Heard the learned counsel appearing for the parties and also perused the material available on record.

(3.) Facts leading to filing of this writ petition stated briefly are, the petitioner had filed Form AQL dtd. 25/7/2014 before respondent No.4 seeking grant of quarrying lease for extracting ordinary building stone from the land bearing survey No.614P measuring 2 acres situated at Sattigere Village, Savadatti Taluk, Belagavi District. The competent authority after obtaining the required no objection certificate and report from the concerned had issued a notification dtd. 29/8/2015 giving approval for execution of the quarrying lease subject to fulfillment of certain conditions. The petitioner herein had failed to produce necessary documents before the competent authority and get the quarry lease executed in his favour and therefore the notification dtd. 29/8/2015 was cancelled by an order dtd. 17/3/2016. Subsequently, respondent No.4 by its letter dtd. 27/11/2020 had forwarded the petitioner's file for the purpose of obtaining approval as per Rule 8B(2)(e) of the Karnataka Minor Mineral Concession (Amended) Rules, 2020 for execution of the quarrying lease. The Director of Department of Mines and Geology informed respondent No.4 that the notification approving grant of quarrying lease in favour of the petitioner was already cancelled on 17/3/2016 itself and on receipt of such a communication, respondent No.4 has issued a letter dtd. 7/1/2021 to the petitioner informing the same.