B. GANGADHARAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein states the grievance against the endorsement dated 20.06.2017 (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 this matter the petitioner was granted with two quarry leases to extract ordinary building stones in survey No.18 of Bydarahalli Village, Devanahalli Taluka, Bengaluru North District valid for a period of five years. The renewal applications made by the petitioner came to be rejected, which was the subject matter in two revision petitions, which came to be allowed by the orders dated 21.06.2017. It is contended that, in the meanwhile, the petitioner had to stop quarrying operations since traces of ornamental stones were found in the quarrying area. Therefore, the petitioner was constrained to file a fresh application seeking to quarry ornamental stones in the very same survey number on 19.08.2014. The authorities concerned have, however, chosen to reject the application, while taking the petitioner ineligible for want of NOC before 12.08.2016. The approach of the authorities concerned in rejecting the application of the petitioner only with reference to the amendment of the year 2016 to the Karnataka Minor Mineral Concession Rules, 1994 does not stand in conformity with the decision of this Court above referred and hence, the impugned endorsement is required to be disapproved.