Karnataka High Court Hears Batch of Writ Petitions Challenging Rejection of Quarry Lease Applications under Karnataka Minor Mineral Concession Rules. Petitioners sought processing of pre-2016 amendment applications under unamended rules as per Rule 8-B.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

Multiple writ petitions were filed before the Karnataka High Court challenging endorsements issued by the Department of Mines and Geology rejecting applications for quarry leases for building stone. The petitioners, including individuals and firms, had applied for leases prior to the Karnataka Minor Mineral Concession (Amendment) Rules, 2016. They contended that their applications are saved under amended Rule 8-B and should be processed under the pre-amendment provisions. The endorsements were alleged to be arbitrary and violative of Articles 14 and 19(1)(g) of the Constitution. The lead petition by K. Thirumalesh sought quashing of an endorsement dated 18.01.2017 and a direction to grant a quarry lease in survey No.96 of Bettahalli Village, Magadi Taluk, Ramanagar District. Other petitions similarly challenged endorsements. The court clubbed the matters for hearing. The outcome of the petitions is not mentioned in the provided text.

Issue of Consideration

KAHC010139222018_1

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Case Details

2019 LawText (KAR) (08) 34

WRIT PETITION NOs. 10601/2019 C/W 54573/2018, 5048/2019, 5046/2019, 5047/2019, 35452/2018, 2058/2019, 54223/2018, 40711/2018, 5539/2019, 15503/2019, 16563/2019, 16565/2019, 22899/2019, 22900/2019, 22901/2019, 56322/2018, 1222/2019, 1228/2019, 4377/2019, 57812/2018, 5522/2019, 11817/2019, 16431/2019, 2452/2019, 35450/2018, 35451/2018, 49973/2018, 52910/2018, 53505/2018 & 11155-57/2019, 107/2019, 674/2019, 1154-1155/2019,1187/2019, 2076/2019, 2193/2019 & 5383/2019, 2194/2019, 2373/2019, 2854/2019, 2987/2019, 2988/2019, 2989/2019, 2990/2019, 2992/2019, 3477/2019, 3478/2019, 3479/2019, 3495/2019, 4145/2019, 4459/2019, 4600/2019, 5815/2019, 5816/2019, 6422/2019, 7810/2019, 8141/2019, 8263/2019, 8264/2019, 10445/2019, 10602/2019, 10608/2019, 10631/2019, 10632/2019, 10633/2019, 10670/2019, 11158/2019, 11160/2019, 11452/2019, 11453/2019, 11454/2019, 11455/2019, 12249/2019, 12678/2019, 14091/2019, 14093/2019, 14402/2019, 14403/2019, 14404/2019, 15541/2019, 15906/2019, 16430/2019, 16432/2019, 19358/2019, 20091/2019, 20093-20094/2019, 22366/2019, 22369/2019, 22370/2019, 22385/2019, 22891/2019, 23107/2019, 23108/2019, 2991/2019, 20689/2019 and 38427/2018(GM-MM-S)

2019-08-16

Abhay S. Oka, P.S. Dinesh Kumar

R.G. Kolle, M. Keshava Reddy, K.M. Chandrashekar (party-in-person), Ganapathy Bhat Vajralli, Prakash B.S., Jayanth V., V.G. Bhanuprakash (AGA)

K. Thirumalesh and others

State of Karnataka & Others

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Nature of Litigation

Writ petitions under Articles 226 and 227 challenging endorsements and seeking quarry leases

Remedy Sought

Petitioners sought quashing of endorsements issued by the authorities and directions to grant quarry leases as per pre-amendment rules

Filing Reason

The authorities issued endorsements rejecting or declaring ineligible the applications for quarry leases

Issues

Whether applications for quarry leases made prior to the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 are saved under amended Rule 8-B and must be processed under the unamended rules Whether the endorsements rejecting the applications are valid

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Karnataka Minor Mineral Concession Rules, 1994: Rule 8-B
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High Court Karnataka High Court Hears Batch of Writ Petitions Challenging Rejection of Quarry Lease Applications under Karnataka Minor Mineral Concession Rules. Petitioners sought processing of pre-2016 amendment applications under unamended rules as per Rule 8...
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