N SHAIK SAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition by a person who has filed an application for grant of mining lease in respect of an extent of 360 acres of land in Block 13 of Joga Village, Sandur Taluk, Bellary, in response to a notification No. CI 33 MMM 1994, Bangalore, dated 15.3.2003, copy at Annexure-A to the petition. It is stated that the application is filed under Rule 22 of the Mining Concession Rules, 1960, (hereinafter referred to as 'the Rules').

(2.) GRIEVANCE of the petitioner is that though this application under Rule 22 in the prescribed Form-A was made as on 29.9.2004 and more than a year from the date of the application has elapsed the respondents have not considered and passed orders on the application of the petitioner; that the petitioner had made representation in this regard on 28.6.2006, copy at Annexure-C to the petition, even then there being no response, the present writ petition praying for issue of a writ of mandamus to compel the respondents to consider the application of the petitioner for grant of mining lease as is required to be done by the respondents in terms of the provisions of Rule 63A of the Mineral Concession Rules, 1960.

(3.) RULE 63A is a provision mandating the manner in which an application of the nature filed by the petitioner under RULE 22 is required to be disposed of under these rules occurring in Mineral Concession RULEs 1960. Admittedly the land that is sought to be leased belongs to the State Government as also the Mineral in the land. It is the prerogative of the State to lease or not to lease its land in favour of any person. However, if the State so chooses to lease the land in favour of any person, the State is bound to act in a fair, non-arbitrary, objective manner. There are a catena of judgments taking the view that there is no compulsion on the part of the State to grant lease in favour of any person any of the land it owns. The State may lease or may not lease. It is only if the State chooses to so lease, it should follow the procedure as is contemplated under the Mines and Mineral Development Regulation Act, 1957 for the administration of which, Mineral Concession RULEs, 1960, have been made by the Central Government.