CHITRA NAGARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner inter alia seeks a direction to the respondents to consider the representation dtd. 10/2/2021 submitted by the petitioner as well as a direction to respondents to execute supplementary lease deed in her favour for the period lost due to closing down of the quarry of the petitioner. The petitioner also seeks a direction to refund the amount collected from the petitioner between the period from 21/3/2017 till 6/5/2020 as dead rents.

(2.) Facts giving rise to filing of this petition briefly stated are that the petitioner was granted quarry leases bearing No.QL739/R1 and 741/R1 for extraction of building stone over an area measuring 4 acres and 6.20 acres in Sy.No.16 of Suralibalebylu Village, Thirthahalli Taluk, Shimoga District. Quarry lease No.739 was granted on 22/3/2001 whereas quarry lease No.741 was granted on 30/4/2001, for an initial period of 5 years. Thereafter, the leases were renewed for a further period of 5 years upto 21/3/2016. Thereafter, the petitioner was granted deemed continuation for a period of 1 year i.e. for a period form 22/3/2016 to 21/3/2017 and from 30/4/2016 to 29/4/2017, respectively.

(3.) The petitioner filed a writ petition namely W.P.No.31973/2019 seeking a direction to the competent authority to pass suitable orders of deemed extension in respect of aforesaid quarry leases, which was disposed of by an order dtd. 4/3/2020. A Division Bench of this Court vide aforesaid order directed the respondents to complete the process of grant of deemed extension in accordance with Rule 8- A(4) of the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as 'the Rules' for short) and to execute the lease deed within a period of two months. Thereafter, by an order dtd. 6/5/2020, the period of lease was extended for a further period of 20 years from the original grant.