SHIVALINGAIAH M Vs. STATE 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 Govt. to consider his application for the grant of mining lease in respect of land in Sy. No. 19 of honnanayakanahalli village in Channa-patna taluk. W. P. No. 20489/84 is presented by the petitioner therein questioning the legality of the notification issued by the State Govt. 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 crrundum minerals by toe 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 there: 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'. Tre 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 Sec. 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 Staj 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 Govt. Secretariat vidhana Soudha, bangalore : 2nd May, 1980. No. CT. 170 EMO 77 from the Secretary, government of Karnataka, commerce and Industries Dept. , to1. Sri M. Shivalingaiah, B. A B. L. , major, Avverahalli, Hamlet of honnanayekanahalli village post; channapatna Tq. Bangalore Dist. 2. Sri C. Kadaiah Setty, son of sri Channaiah Setty, mine owner, honnanayekanahalli village post; channapatna, Bangalore Dist. 3. Sri K. Mi Abbas Ahmed s/o k. M. Mohammed Asgar Paira, channapatna, Bangalore Dist. 4. Sri Syed Munavar, Prop: karnataka Traders, No. 356, b. M. Street, Channapatna, bangalore Dist. Sir, sub :-Grant of mineral concessions over the area of 44. 52 hectares in Honnanayakanahalli village, Channapatna Taluk, bangalore Dist. I am directed to stata that your application for grant of Mining Lease over the above area is rejected for the reason that the Government is not in favour of granting leases for this mineral. "