D C RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS Reference has been placed before this Full Bench as per the order of the Chief Justice, dated 7-7-2003, and has come up before us today.

(2.) A Division Bench of this Court vide order dated 10-3-2003, while considering the validity of the circular dated 24-2-1999 found that the question is directly covered by the decision in W. P. No. 28225/1999 (K. V. Vishwanath v. State of Karnataka) dated 29-11-2000 and whether it requires reconsideration for non-consideration of another Division Bench decision of this Court in M. Katappa v. State (ILR 2001 Kant 2363 : (2001 AIR - Kant HCR 254) and as such referred the matter to the Full Bench , as stated.

(3.) THE necessary facts are : the Chairmen of Doddahale Halli Panchayat, Gollahalli Panchayat and Kodihalli Panchayat comprised in Uyamballi Hobli, Kanakapura Taluk, Bangalore Rural District, have filed this Public Interest Litigation writ petition for quashing of Annexure-A, circular bearing No. RD 72 LGP 98 dated 24-2-1999 and to quash all granite quarrying licences granted pursuant to the said circular in favour of respondents 3 to 14 who have been impleaded by order dated 3-4-2001 averring that the said circular is contrary to the provisions of Section 71 of the Land Revenue Act and Rule 97 of the Karnataka Land Revenue Rules and quarrying licences cannot be granted in respect of gomal land, and Annexure A.