NIRMALA S. ACHARYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who was granted a quarrying lease in Sy. No.49 of Hosadurga village, Kanakapura Taluk, Bengaluru Rural District, has approached this Court in this writ petition seeking for the following reliefs:

(2.) Heard the learned Counsel for the parties and also perused the material on record.

(3.) Brief facts of the case as revealed from the records are, the petitioner was granted a quarry lease in the aforesaid land bearing Sy. No.49 for a period of 10 years with effect from 1/8/1981. The said lease had expired on 31/7/1991. On the allegation that the forest officials had interfered with the quarrying activities of the petitioner, she had filed W.P.No.5665/1984 before this Court, which was allowed by this Court on 15/4/1991 restraining the respondents not to interfere with the quarrying activities of the petitioner. Petitioner's lease was subsequently renewed and a lease deed dtd. 26/7/1996 was executed which was registered on 1/8/1996. On 28/1/1997, the registered lease deed was cancelled by the Director of Mines & Geology on the ground that it is a forest land. Petitioner, therefore, had requested the Director of Mines & Geology, to refund the security deposit and waive of the dead rent. The said representation was forwarded to the Senior Geologist who issued a demand on 21/8/1997 for payment of dead rent for the period from 1991 to 1997. This demand notice was challenged in W.P.No.2050/2001 by the petitioner and this Court had disposed of the said writ petition with an observation that the demand notice shall be treated as a show cause notice and the petitioner was given opportunity to file a reply to the same and the competent authority was directed to pass fresh orders thereafter. Accordingly, a fresh demand was issued on 5/9/2007 and this order was questioned by the petitioner before this Court in W.P.No.41296/2011, which was disposed of directing the petitioner to avail the alternative remedy of revision. The revision filed by the petitioner was dismissed on 28/3/2015 and challenging the order dtd. 5/9/2007 and the order dtd. 28/3/2015, the petitioner is before this Court in this writ petition.