STATE OF KARNATAKAABBAS AHMED Vs. SHIVALINGAIAHSTATE OF KARNATAKA

JUDGEMENT

(1.) The Writ Appeal is presented by the State of Karnataka and the Director of Mines and Geology against the order of the learned Single Judge allowing the Writ Petition of the respondent and directing the State Government to consider his application for the grant of mining lease in respect of land in Sl.No. 19 of Honnanaikanahalli Village in Channapatna taluk W P. No. 20489/84 is presented by the petitioner therein questioning the legality of the Notification issued by the State Government dated 7th April, 1983 under Rule 58 of the Mineral Concession Rules reserving the entire area within the taluk of Channapatna in Bangalore District for the purpose of exploitation of corrundum and ruby corrundum minerals by the Mysore Minerals Ltd., Bangalore.

(2.) W.P. 20489/84 was not in the hearing list. But it is taken up at the request of the Counsel appearing for the parties as it is connected with Writ Appeal No. 1117/81.

(3.) The facts and circumstances of the case are these : On 27-3-1975 the State Government issued a Notification under Rule 58 of the Mineral Concession Rules, as it stood at that point of time, inviting applications from persons desirous of taking mining lease for exploitation of corrundum mineral in an area of 44. 52 hectares in Sy. No. 19 of Honnanayakanahalli of Channapatna taluk. In response to the said advertisement, four persons including the respondent in W.A. 1117/81 and the petitioner in W.P. 20489/84 applied. The application of the petitioner in the Writ Petition was granted by the State Government on 17-10-1975. That order was challenged in Revision Petition by the respondent in the Writ Appeal before the Central Government under Section 54 of the Rules. His Revision Petition was rejected. Aggrieved by the said order, he presented Writ Petition No. 2078/77. The petitioner in the Writ Petition also presented a Writ Petition as he was aggrieved by the order of the Central Government setting aside the mining lease in his favour at the instance of one Sri Munawar who had also presented a revision Petition under Rule 54 of the Rules, before the Central Government. All the Writ Petitions were considered by the learned Single Judge and disposed of by a Common Order dated 4-9-1979. A direction was issued to the State Government by the learned Single Judge directing it to dispose of all the applications in accordance with law. After the above direction was issued, the State Government issued an endorsement dated 2-5-1980 to all the four applicants. It reads : Karnataka Government Secretariat Vidhana Soudha, No. CT. 170 EMO 77 Bangalore : 2nd May, 1980 From The Secretary, Government of Karnataka, Commerce & Industries Dept. To 1. Sri M. Shivalingaiah, B.A. B.L., Major, Avverahalli, Hamlet of Honnayakanahalli Village post ; Channapatna Tq. Bangalore Dist. 2. Sri C. Kadaiah Shetty, son of Sri Channaiah Setty, Mine Owner, Honnanayakanahalli Village Post ; Channapatna, Bangalore Dist. 3. Sri K-M. Abbas Ahmed S/o K.M. Mohammed Asgar Paira, Channapatna, Bangalore Dist.