CHOWDESHWARI ENTERPRISES, RAJARAJESHWARINAGAR, BANGALORE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners claim that they were granted leases for quarrying building stones in Sy. No. 185 of Hangarahalli Village and Sy. No. 351 of Mundagadore Village on different dates during the years 2005 to 2011 and since then they are carrying on the quarrying activities in their respective lands. However, respondents have issued an order on 5-2-2013 directing petitioners to pay arrears of royalty. It is stated in the order that the land bearing Sy. No. 185 measuring 602.11 and Sy. No. 351 measuring 568.03 acres, which were revenue lands have been transferred to the Forest Department classifying them as 'C' and 'D' category lands vide Notification No. LND (ii) CR-134/78-79, dated 4-3-1982. An affidavit to the said effect has been filed before the Hon'ble Supreme Court. By virtue of the said Notification, the leases granted in the said survey numbers stood cancelled and lessees were directed to stop quarrying operation and to pay arrears from the date of lease till the date of cancellation. Feeling aggrieved, the said orders are questioned herein.

(2.) It is submitted by the learned Counsel for the petitioners that in the year 1991 Circular No. RD 106 LGP 88, Bangalore, dated January 3, 1991 has been issued whereby 'C and D' lands which were transferred to Forest Department have been re-transferred to the Revenue Department and since then they remain as 'Revenue lands'. Accordingly, petitioners are entitled to carry on the quarrying operations in the said land.

(3.) Sri Vikram Huilgol, learned HCGP for the respondents submits that there is an alternative remedy under Rule 53(1) of the Karnataka Minor Mineral Concession Rules, 1994. He seeks for dismissal of the petition on the ground that royalty from the date of lease till the date of cancellation on 5-2-2013 has not been paid. He further submits that 1991 Circular does not clarify with regard to the lease granted in the aforementioned lands. Under these circumstances, it is for the petitioners to prove their rights by approaching the appropriate authority.