J.K.CEMENT LIMITED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) We have heard the submissions of the learned counsel appearing for the parties on the earlier date. With a view to appreciate the submissions, the factual matrix of the case will have to be considered.

(2.) A mining lease was granted by the first respondent to the Mysore Minerals Limited in the year 1978, which was renewed on 5th April 2002 for a period of twenty years from 21st November 1998. The lease granted to the Mysore Minerals Limited was in respect of the larger area of 687.97 acres. By virtue of the transfer deed dated 29th August 2002, a part of the lease area to the extent of 307 acres out of 687.97 acres was transferred to the petitioner. On 3rd April 2008, the third respondent (formerly known

(3.) as Sri Nandi Mining Company Private Limited) made an application to the State Government by pointing out that the area of 37.77 acres out of the lease area granted to the petitioner was an overlapping area. The application was made by the third respondent for grant of mining lease in respect of the said area by invoking Rule 22 of the Mineral Concession Rules, 1960 (for short 'the said Rules of 1960'). In the application, it is disclosed that the area of 37.77 acres was a patta land and consent of the Pattadars was enclosed. On the basis of the said application, the State Government passed an order on 5th January 2010 directing that the said area of 37.77 acres be separated from the mining lease granted to Mysore Minerals Limited. A revision petition was filed by the present petitioner being aggrieved by the order of the State Government. The revision petition was allowed and the order dated 5th January 2010 was set aside. The order in revision petition was challenged by the third respondent by filing a writ petition before this Court. By order dated 5th June 2015, a Division Bench of this Court proceeded to set aside the orders of both the State Government and the revisional authority and directed the State Government to pass a fresh order. On the basis of the said order, the order dated 14th September 2016 (Annexure-A) has been passed by the State Government which is impugned in this writ petition.