T. BASAPATHI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court challenging the endorsement dtd. 14/7/2022, a copy of the same is placed on record at Annexure-A.

(2.) By taking recourse to an earlier policy, the request made by the petitioner for carrying on quarrying activity in the subject land was rejected. The petitioner has placed on record the communication of the Government dtd. 21/2/2023 between the Under Secretary to Government, Revenue Department and the Principal Secretary to Government, Department of Commerce and Industries. The perusal of the said communication indicates that permission be granted as per the earlier circulars dtd. 24/2/1999 and 12/8/2014 after confirming that the lands are not cattle grazing lands and they are suitable for huge stone deposits. Now, the Government has issued a letter dtd. 28/2/2023 through the Secretary, Department of Commerce and Industries to the Director, Department of Mines and Geology wherein, it is observed that the earlier communication dtd. 10/3/2021 is withdrawn and the decision afresh would be taken. Accordingly, the learned Additional Government Advocate submits that in view of the scenario of the matter, the application of the petitioner would be considered a fresh in view of the earlier circulars dtd. 24/2/1999 and 12/8/2014.

(3.) We further make it clear that the application of the petitioner be considered in the light of clauses (a) to (d) of sub-rule (2) of Rule 8B of the Karnataka Minor Mineral Concession Rules, 1994 and amendment to clause (e) of sub-rule (2) of Rule 8-B made by virtue of Rule 7 of the Karnataka Minor Mineral Concession (Amendment) Rules, 2020 as expeditiously as possible and not later than 12 weeks from the date of the order of this Court.