M/S. GOD GRANITES NO. 77 Vs. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT AND OTHERS

JUDGEMENT

(1.) The petitioner herein states the grievance against the order bearing No.CI 134 MMN 2017 (Annexure-F), as passed by the Secretary to the Government (MSME and Mines) Department of Commerce and Industries, Government of Karnataka rejecting its application for grant of quarrying lease.

(2.) It is not in dispute that several similar nature writ petitions have been considered and allowed by this Court while disapproving the similar nature orders/endorsements and while restoring the applications for reconsideration, including a batch of writ petitions led by W.P.No.43235/2017 decided on 11.04.2018, wherein this Court has, inter alia, observed as under:

(3.) Perusal of the record makes out that in this matter, in fact, the approach of the authorities concerned in taking the petitioner as being ineligible was disapproved by an earlier order dated 17.01.2013, as passed in W.P.No.31914/2012, whereby the authorities were directed to consider the prayer of the petitioner for grant of quarrying lease. The petitioner made representation to the respondent No.2 on 04.11.2015 stating that the application filed by it for grant of quarrying lease has been considered as yet. Since the said application was also kept pending, the petitioner preferred W.P.No.55695/2016 seeking direction to the respondent authorities to consider the said representation. The said writ petition came to be disposed of on 09.11.2016 directing the authorities concerned to consider the application of the petitioner within two months from the date of communication of the order. The authority concerned has, however, chosen to reject the application again, while taking the petitioner ineligible for want of NOC before 12.08.2016. Even from the other aspects indicated in the impugned order, it is difficult to cull out a definite and categorical finding as to why the application of the petitioner was being rejected.