LAWS(KAR)-2008-11-31

GOVINDEGOWDA Vs. STATE OF KARNATAKA

Decided On November 11, 2008
GOVINDEGOWDA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) PETITIONER in this petition has sought for quashing the notice issued by second respondent-Senior Geologist Officer dated 19th march, 2008, the copy of the said notice is submitted at Annexure-C. Further, petitioner has sought for a direction, directing the second respondent-Senior Geologist Officer to consider the petitioner's application made on 16th February, 2008 for renewal of his licence for period of another one year according to Rule 21 (2) (amended rule) of the Karnataka Minor mineral Concession Rules, 1994.

(2.) THE grievance of the petitioner in the instant writ petition is that, the second respondent herein has renewed the licence of the quarry lease for one year and the same has expired on 21st March, 2007. Thereafter, petitioner has submitted his application on 16th February, 2008, seeking grant of another one year period by way of renewal as provided the relevant provisions of the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter called "kmmc Rules" ). In the light of the request made by petitioner through his application dated 21st March, 2007, his lease period has been again extended from 21st March, 2007 to 20th March, 2008. In view of expiry of the said renewal period also, for a period of one year from 21st March, 2007 till 20th March, 2008, the second respondent has issued the impugned communication cum notice dated 19th March, 2008 vide annexure-C, calling upon the petitioner to stop the mining operation of sand and transporting. Being aggrieved by the impugned communication cum notice dated 19th March, 2008 vide Annexure-C issued by second respondent, petitioner herein felt necessitated to present the instant writ petition, seeking appropriate reliefs, as stated supra.

(3.) I have heard learned Counsel appearing for petitioner and learned additional Government Advocate appearing for respondents.