Case Note & Summary
The petitioner, Shri Shanthu Gurum, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking a direction to the respondents (State of Karnataka, Secretary to Government, Department of Commerce & Industries, and the Director, Department of Mines & Geology) to execute a formal lease deed in Form-E pursuant to a notification dated 10.12.2007. The petitioner claimed that he was entitled to a licence for granite operation on his patta land. The petitioner's advocate, Mr. R.G. Kolle, argued that there was no justification for the authorities not issuing the licence. The respondents' advocate, Mr. Y.H. Vijay Kumar, submitted that amendments to the previous granite mining lease rules provided that no lease could be granted for land less than 2.2 acres. The court noted that the petitioner's land was less than 2.2 acres. The court observed that the rules use two expressions 'lease' and 'licence', which are distinct concepts. Since the petitioner sought a lease deed, and the amended rules prohibited leases for land less than 2.2 acres, the court found no merit in the petition. The court dismissed the writ petition, holding that the petitioner could not be granted a lease for his land as it did not meet the minimum area requirement.
Headnote
A) Mining Law - Lease vs Licence - Distinction - The court noted that two expressions 'lease' and 'licence' are used in the rules, and they are distinct concepts. The petitioner sought a lease deed, but the rules prescribe a minimum area of 2.2 acres for a lease. (Para 3) B) Mining Law - Minimum Area Requirement - Amendment - The court observed that there have been amendments in the previous granite mining lease providing that there could not be any lease in respect of lesser than 2.2 acres of land. The petitioner's land was less than 2.2 acres, hence no lease could be granted. (Para 2-3) C) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 - The court dismissed the writ petition as the petitioner could not be granted a lease for land less than 2.2 acres under the amended rules. (Para 3-4)
Issue of Consideration
Whether the petitioner is entitled to a formal lease deed (Form-E) for granite mining on his patta land despite the amendment requiring a minimum area of 2.2 acres.
Final Decision
The writ petition is dismissed.
Law Points
- Lease and licence are distinct concepts in mining law
- Amendment to granite mining lease rules prescribing minimum area of 2.2 acres
- Writ petition under Articles 226 and 227 of Constitution of India
