LAWS(KAR)-2018-6-281

SRI. S.A. IBRAHIM Vs. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT AND OTHERS

Decided On June 26, 2018
Sri. S.A. Ibrahim Appellant
V/S
The State Of Karnataka Represented By Its Secretary Commerce And Industries Department And Others Respondents

JUDGEMENT

(1.) The petitioner herein states the grievance against the order dated 07.11.2017 (Annexure-A) for rejection of his 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 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 these matters in fact the approach of the authorities concerned in taking the petitioner as being ineligible was disapproved by an earlier order dated 06.07.2017, as passed in W.P.No.14249/2017, whereby the authorities were directed to consider the prayer of the petitioner for grant of lease in accordance with the rules that existed before commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016. The authorities concerned have, however, chosen to reject the application again, while taking the petitioner ineligible for want of NOC before 11.08.2016. Even from the other aspects indicated in the impugned order dated 07.11.2017, it is difficult to cull out a definite and categorical finding as to why the application of the petitioner was being rejected.