P VENKATESHWARA RAO Vs. IQBAL BAIG

JUDGEMENT

(1.) The writ appeal and writ petitions are related to grant of mining lease of an extent of 15.38 Hectares of Navalatti Village. Sandur Taluk, Bellary District and, therefore, the above writ appeal and writ petitions are heard and disposed of together.

(2.) Writ Appeal No. 1243/2008 is directed against the order dated 14th March, 2008 made in Writ Petition No. 10463/2006 filed by one Iqbal Baig challenging the proceedings dated 1-9-2005 by the State of Karnataka recommending to grant mining lease in respect of Manganese and Iron Ore over an extent of 15.38 Hectares of Navalatti Village, Sandur Taluk, Bellary District in favour of P. Venkateshwara Rao for a period of 20 years, to the Central Government under Section 5(1) of the Mines and Minerals (Regulation and Development) Act, 1957 (for short hereinafter referred to as "MMRD Act"), made pursuant to the notification dated 15-3-2003 under Rule 59(1) of the Mineral Concession Rules, 1960 (for short hereinafter referred to as "MC Rules"). 2.2 The learned single Judge by an order dated 14th March, 2008, holding that the writ petitioner-Iqbal Baig was not given an opportunity of being heard under Rule 26(1) of the MC Rules before refusing to grant mining lease in his favour, quashed the proceedings dated 1-9-2005 made in favour of P. Venkateshwara Rao. Hence, the 4th respondent in the writ petition - P. Venkateshwara Rao has preferred W. A. No. 1243/2008.

(3.) That apart, the previous history relating to grant of mining lease in respect of the same extent of area is relevant to be referred to as below :