GOPAPPA NAIK AND SRI MAHENDRAKUMAR G. NAIK ALIAS LOKESHAWARA Vs. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES BY ITS SECRETARY, DIRECTOR DEPARTMENT OF MINES AND GEOLOGY AND SRI THUKARAM PATTAPPA L.

JUDGEMENT

(1.) LAND bearing Sy. No. 49 measuring 2.07 acres and Sy. No. 50 measuring 1.39 acres, situated at Kakkihalli village, Kuknoor Post, Yelburga Taluk, Koppal District are said to be the ancestral properties of the petitioners. By a Settlement Deed executed in the year 1992, petitioner No. 1 is said to have transferred his entire rights in the aforesaid lands in favour of petitioner No. 2, who is none other than his son. On 13.08.1998, petitioner No. 1 is said to have consented in favour of respondent No. 3 to obtain quarrying lease from the Department of Mines and Geology the respondent No. 2 herein. On 19.08.1998, respondent No. 3 had made an application seeking grant of quarrying lease over an area of 2 acres of land in Sy. Nos. 49 and 50 of Kakkihalli village. It is stated that on 14.09.1998, petitioner No. 1 on his own behalf and on behalf of his minor son had executed a General Power of Attorney appointing respondent No. 3 as their Power of Attorney Holder. An application was made by respondent No. 3 for the purpose of extraction of Himalayan Blue Granite in Sy. Nos. 49 and 50. On 04.02.2004, respondent No. 2 had executed QL No. 656 in favour of respondent No. 3 in respect of 2 acres of land as aforesaid for a period of 10 years. Subsequently, there arose certain disputes between the petitioners and respondent No. 3. Therefore, the petitioners have approached this Court in this Writ Petition by seeking a direction to respondent No. 2 to transfer QL No. 656 dated 04.02.2004 (Annexure -F) to the name of petitioner No. 2 after collecting all the dues. An alternative prayer is also sought by the petitioners to direct respondent No. 2 to cancel QL No. 656 standing in the name of respondent No. 3. We have heard learned counsel for the parties at considerable length and on various dates.

(2.) LEARNED Additional Government Advocate has drawn our attention to the documents at Annexures -S to S3 annexed to the Writ Petition and has stated that despite several notices being issued to respondent No. 3 with regard to payment of royalty and also dead rent, the same have not been responded to by respondent No. 3 and neither have the dues been paid. Under the circumstances, he submits that appropriate action would be initiated as against respondent No. 3.