JANTHAKAL ENTERPRISES Vs. STATE OF KRNATAKA

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India seeking for a direction to the respondents to permit the petitioner to lift the dumped material lying in the mining yard situate at Hirekandawadi and Tanigehalli villages of Holalkere Taluk, Chitradurga District, in respect of Mining Lease No.593/993, by collecting the requisite fee and royalty.

(2.) It is averred in the writ petition that the petitioner was granted mining lease in M.L. No.593/993 situate at Hirekandawadi and Tanigehalli villages of Holalkere Taluk, Chitradurga District, in the year 1965 and since then, by investing huge amount and deploying men and material, the petitioner was carrying on mining activity till 1985. After completion of the lease period, the petitioner filed requisite application on 22.6.1984 seeking renewal of M.L. No. 593/993. However, the said application was not considered by the respondents 1 and 2 and wherefore, the petitioner filed W.P. No.25827/1995 seeking necessary direction to the respondents to consider its renewal application. The Hon'ble Court by order dated 6.7.1995, directed the respondents 1 and 2 to consider the petitioner's renewal application. Petitioner had also submitted several representations to, the respondents 1 and 2 requesting them to consider the renewal application. The first respondent renewed the licence for a period of 20 years from 5.7.1985 by notification dated 23.8.2007. As the notification for first renewal from 1985 ended in 2005, on the same day, further renewal for a period of 20 years from 5.7.2005 was also granted vide notification dated 23.8.2007.

(3.) We have heard the learned Senior Counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.