DAYANAND MAHADEV MINACHE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioners inter alia seek a writ of certiorari to the Deputy Director, Department of Mines and Geology to refund the entire or proportionate amount paid by the petitioners as well as the amount of Security Deposit to the petitioners on the ground that the petitioners were prevented from carrying out quarrying operation as per the agreement of quarry lease for a period of one year i.e., from 5/1/2010 till 4/1/2011 on account of an interim order dtd. 24/10/2010 passed in W.P.No.13355/2010.

(2.) Facts giving rise to filing of this appeal, briefly stated, are that the petitioners were the highest bidders in the auction held for sand mining for a period of one year with effect from 5/1/2010 to 4/1/2011 in respect of various survey numbers 'as is was is' basis. It is the case of the petitioners that on account of an interim order dtd. 24/10/2010 passed in W.P.No.13355/2010, the petitioners could not carry out any quarrying operation for a period i.e., from 20/4/2010 till 4/1/2011.

(3.) A quarry lease was executed in favour of the petitioners, in which the petitioners were permitted to carry out quarrying operation for a period from 5/1/2010 till 4/1/2011. After expiry of period of lease executed in favour of the petitioners, the petitioners by a communication dtd. 3/1/2011 were apprised that the quarry lease period came to be extended in their favour provided they pay the bid amount as well as the requisite charge in this regard. The petitioners thereupon by a communication dtd. 12/11/2011 expressed their willingness to have extension of period of lease and sought time for payment of the requisite amount. However, the requisite amount was not paid by the petitioners. Thereupon by a notice dtd. 23/2/2011, the petitioners were informed that their application seeking extension of the period of lease for three months has been kept in abeyance. The petitioners, however, made a claim seeking refund of the proportionate bid amount as well as security deposit, which was rejected by the Deputy Director, Mining and Geology Department by an order dtd. 14/12/2016. In the aforesaid factual background, this petition has been filed.