SRI N.SHIVANNA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, claiming to be the holder of Mining Lease of general sand in Block No.1 of Cauvery River Bed of Mallur Village, Kollegal Taluk, Chamarajanagar District, has filed this writ petition ventilating his grievance that the representation dated 17.12.2015 made by him before the respondents, for seeking payment of an amount of Rs.9,22,200/- with interest has not been considered and has not been disposed of by the authorities concerned as yet.

(2.) It is argued that though the lease was for a period of one year, quarrying lease being executed on 09.01.2008, the petitioner could not quarry the sand/minor minerals due to intervention of the public and the respondents even for the period of 111 days. On the representation made to the respondents to refund the amount for the period for which the petitioner could not carry on the quarry due to the intervention of the Government and the public, the 4th respondent assessed the amount payable by the Government, a proportionate amount to be returned to the petitioner. As per the assessment, the respondents are liable to pay a sum of Rs.9,22,200/- with interest at the rate of 18% per annum. It is the grievance of the petitioner that despite assessment made by the 4th respondent, the representation made by the petitioner on 17.12.2015 at Annexure-D to the writ petition has not been considered by the respondents.

(3.) Learned Additional Government Advocate is not in a position to dispute the facts as asserted by the petitioner that the representation dated 17.12.2015 has indeed remain pending for all this time.