S.K. SURESH Vs. THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioner is holder of Quarry Lease No.447 dated 10 2010 granted for quarry of a minor, non-specified mineral steatite, valid for five years, executed as per the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as "KMMC Rules"). Admittedly, before execution of the quarry lease, Senior Geologist, 3rd Respondent herein, had asked the petitioner to submit an affidavit, which the petitioner executed on 16-09-2009, according to which the petitioner undertook to utilize the extracted mineral only for cottage industry and not for any other purpose or any big factory (industry).

(2.) While the petitioner was paying royalty and working the lease, the 3rd Respondent, upon a spot inspection conducted on 18-03-2013, discovered that large decorative blocks were being extracted by the petitioner in violation of KMMC Rules. Therefore, he issued notice dated 25-03-2013 stating that conditions of the aforementioned affidavit were violated, as steatite mineral was being utilized for purposes other than cottage industry and also that minerals had been dispatched to granite cutting and polishing units in Tamil Nadu.

(3.) In their reply dated 06-04-2013, the petitioner claimed to have conducted all transactions with the knowledge of 3rd respondent who had issued regular dispatch permits and pointed out that KMMC Rules did not restrict excavation of minerals in bigger size. The petitioner claimed that the industries he transported the excavated steatite mineral to, were producing household articles and utensils which was permissible under KMMC Rules and claimed to have not violated any terms of the lease or KMMC Rules.