SHILPI GRANITES EXPORTERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONER has sought for quashing of the quarrying lease granted in respect of 10 acres of land in Sy. No. 60 of Handanahalli village, Mallavalli Taluk, Mandya District to the 3rd respondent and the rejection of his application for grant of quarrying lease in an extent of 13 acres in the same survey number, and other reliefs.

(2.) BRIEFLY stated, the facts relevant for the disposal of this writ petition are as under : petitioner contends that he made an application on 14. 7. 1994 for grant of quarrying lease in respect of 13 acres of government land in Sy. No. 60 of Handanahalli Village, Malavalli Taluk. The said application came to be rejected in the first instance by an order dated 17. 9. 1998 on the ground that the said land forms part of gomal. This order was challenged by the petitioner by filing WP 34901/ 2000 which came to be allowed and remanded for reconsideration by an order dated 7. 11. 2000. After remand, the application was processed and the revenue authorities after investigating and conducting necessary spot inspection, had recommended for the grant of the lease.

(3.) MEANWHILE, the Director of Mines and Geology had notified for grant of quarrying lease in respect of 15 acres of land in Sy. No. 40 of Gugalmari village by a notification published in Kannada Prabha dated 8. 3. 1997. One Durgappa Bandi was granted the lease in respect of this land being the highest bidder in a sum of Rs. 29,05,000/ -. While conducting the mining operations, the lessee found that the land did not contain any pink granite as notified. He made a request to the authorities for grant of alternative land. When this request was not complied with, he filed a writ petition before this court in WP 17802/1997. This Court by its order dated 27. 11. 1997, on the submissions made by the parties to the Writ Petition, directed the respondents to grant an alternative land in Sy. No. 40 after conducting a joint inspection. The respondents on the ground that this Court had directed them to grant an alternative land to the said durgappa Bandi, by a notification dated 25. 4. 2001 ? annexure A, has granted quarrying lease, in an extent of 10 acres in Sy. No. 60 of handanahalli Village over lapping the area sought for by the petitioner without authority of law and even notifying the petitioner. The act of granting of lease is illegal and liable to be quashed.