In the High Court of Karnataka at Bengaluru
- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27 TH DAY OF APRIL 2015 PRESENT THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE RAM MOHAN REDDY WA No.154/2007 c/w WA No.184/2007, WA No.95/2007, WA No.133/2007, WA No.134/2007, WA No.148/2007, WA No.152/2007, WA No.153/2007, WA No.155/2007, WA No.156/2007, WA No.251/2007 & 2701/2011, WA No.289/2007 & 2741-45/2011, WA No.250/2007, WA No.279/2007 & 2700/2011, WA No.638/2007, WA No.168/2007, WA Nos.174/2007 & 2683- 2697/2011, WA No.183/2007 and WA No.96/2007 (GM-MMS)
IN WA No.154/2007
BETWEEN
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING BANGALORE-560 001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
- 2 - AND
SRI GURUSIDDE GOWDA S/O SIDDEGOWDA AGED ABOUT 40 YEARS R/AT HARAVE HOBLI HARAVE VILLAGE CHAMARAJANAGAR TQ AND DISTRICT ... RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.5804/2006 DATED 21/04/2006.
IN WA No.184./2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS AMBEDKAR VEEDHI BANGALORE-560 001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
- 3 - AND
SMT SHANAWAZ BEGUM W/O KAMAL PASHA AGED ABOUT 50 YEARS R/O JAMIA MASJID MOHALLA CHAMARAJANAGAR 571 313 KARNATAKA STATE ... RESPONDENT (By Smt. M SAFEENA, ADV.)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.3756/2006 DATED 22/03/2006.
IN WA No. 95/2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDINGS AMBEDKAR VEEDHI BANGALORE-560001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
- 4 - AND
SRI BASAVARAJU S/O VEERAPPA AGED ABOUT 40 YEARS D.NO 7/740, VASAVIMAHAL ROAD KOLLEGAL
... RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.17295/2005 DATED 12/01/2006.
IN WA No. 133/2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING AMBEDKAR VEEDHI BANGALORE-560 001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJNAGAR DISTRICT CHAMARAJNAGAR
... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
- 5 -
AND
MR G B MANJUNATH AGE:42 YEARS S/O BASAPPA GAJANANA GRANITES NO.7-471, AB/1, SOUTHERN EXTENSION KOLLEGAL 571 440 ... RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.4618/2006 DATED 06/04/06.
IN WA No. 134/2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS AMBEDKAR VEEDHI BANGALORE-560001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
- 6 -
AND
SUHEL ALI KHAN S/O HYDER ALI KHAN AGED MAJOR 9/134, VANIER STREET CHAMARAJANAGAR ... RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.17457/2005 DATED 15/03/2006.
IN WA No.148/2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
- 7 -
AND
SRI SYED ALTAF S/O LATE SRI. SYED YAKOOB AGED ABOUT 42 YEARS R/O NO.B-12/229, K O MOHALLA CHAMARAJANAGAR-571 313 ... RESPONDENT (By SMT. M SAFEENA, ADV.)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.4559/2006 DATED 24/03/2006.
IN WA No.152/2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560 001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE SENIOR GEOLOGIST(MINES) DEPARTMENT OF MINES AND GEOLOGY NO.4, GAGANACHUMBI DOUBLE ROAD KUVEMPU NAGAR MYSORE-23 ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
- 8 - AND
H A ISRAR AHMED S/O H.A. ABDUL BASHEER SAB AGED ABOUT 45 YEARS R/O DASANUR VILLAGE NANJANGUD TALUK MYSORE DISTRICT ... RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.5010/2006 DATED 05/04/2006.
IN WA No.153/2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560 001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLGOY CHAMARAJANAGR DISTRICT CHAMARAJANAGAR ... APPELLANTS
(By Smt.NILOUFER AKBAR, AGA)
- 9 - AND
1. SHIVAPPA AGED ABOUT 43 YEARS SON OF BASAVANNA R/O HONNAHALLI VILLAGE CHAMARAJANAGAR TALUK AND DISTRICT
2. MAHESHA AGED ABOUT 33 YEARS SON OF BASAVANNA R/O HONNAHALLI VILLAGE CHAMARAJANAGAR TALUK AND DISTRICT
... RESPONDENTS
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.5111/2006 DATED 05/04/2006.
IN WA No.155/2007
BETWEEN
1. STATE OF KARNATAKA REPRESEMTED BY ITS SECRETARY REVENUE DEPARTMENT AMBEDKAR VEEDHI M.S.BUILDING BANGALORE-560 001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR
- 10 -
3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND
SRI M LINGAPPA S/O A MADHAPPA AGED ABOUT 38 YEARS R/O NANJEDEVANAPURA VILLAE HARVE HOBLI CHAMARAJANAGAR TALUK AND DISTRICT ... RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.5515/2006 DATED 19/04/2006.
IN WA No.156/2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS AMBEDKAR VEEDHI BANGALORE-560 001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
- 11 - 3. THE DEPUTY DIRECTOR DEPARTMENT MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND
SRI S D MAHADEVA S/O DODDANAIKA AGED ABOUT 59 YEARS R/O MARIYALA VILLAGE KASABA HOBLI CHAMARAJANAGAR TALUK AND DISTRICT
... RESPONDENT (By Sri M M SWAMY, ADV.)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.4632/2006 DATED 27/03/2006.
IN WA No. 251/2007 & 2701/2011
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE
- 12 - 3. THE SENIOR GEOLOGIST (KHA) DEPARTMENT OF MINES AND GEOLOGY NO.4, GAGANACHUMBI, JODI ROAD, KUVEMBU NAGAR, MYSORE 23, ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND
1. T P VEERABHADRASWAMY S/O LATE T.M. PUTTASWAMY AGED ABOUT 68 YEARS. R/AT TALAKADU VILLAGE AND HOBLI, T NARASIPURA TALUK, MYSORE DISTRICT.
2. SHIVANNA S/O LATE BASAVE GOWDA AGED ABOUT 38 YRAS, R/AT KALIHUNDI VILLAGE, TALAKADU HOBLI, KAVERPURA POST, T.NARASIPURA TALUK, MYSORE DISTRICT. ... RESPONDENTS
(By SRI DESHRAJ & SRI P.CHANGALARAYA REDDY, ADVS.,)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.4864/2006 DATED 31/03/2006.
- 13 - IN WA No.289/2007 & WA Nos.2741-45/2011
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS AMBEDKAR VEEDHI BANGALORE-560 001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND
SRI BASAVANNA S/O LATE MAHANTA DEVARU AGED ABOUT 54 YEARS R/AT RECHAMBALLI VILLAGE SANTHEMARAHALLI HOBLI CHAMARAJANAGAR DISTRICT ... RESPONDENT (By Sri L K SRINIVASA MURTHY, ADV., FOR R1)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.1543/2006 DATED 01/02/2006.
- 14 -
IN WA No.250/2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE (KARNATAKA STATE)
3. THE SENIOR GEOLOGIST (KHA) DEPARTMENT MINES AND GEOLOGY NO.4, GAGANACHUMBI, JODI ROAD, KUVEMBU NAGAR, MYSORE 23, (KARNATAKA STATE) ... APPELLANTS
(By Smt.NILOUFER AKBAR, AGA)
AND
SRI BHAVANI SHANKAR AGED ABOUT 49 YEARS, S/O T NANJAIH R/AT NO.32, I CROSS, SHANKAR PURAM, NANJANGUD MYSORE DISTRICT(KARNATAKA STATE)
... RESPONDENT (By Sri N SHANKARANARAYANA BHAT)
- 15 -
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.5329/2006 DATED 12/04/2006.
IN WA Nos. 279/2007 & 2700/2011
BETWEEN
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING, AMBEDKAR VEEDHI BANGALORE 1
2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR
3. THE SENIOR GEOLOGIST MINERAL DIVISION DEPARTMENT OF MINES AND GEOLOGY KOLAR DISTRICT P.C.EXTENSION KOLAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND
1. SRI B N CHALAPATHY S/O SRI NARAYANAPPA AGED ABOUT 35 YEARS R/AT NILLAGUMBA VILLAGE KASABA HOBLI GUDIBANDE TALUK KOLAR DISTRICT
- 16 -
2. SRI B N NAGARAJU S/O SRI NARAYANAPPA AGED ABOUT 30 YEARS R/AT NILLAGUMBA VILLAGE KASABA HOBLI GUDIBANDE TALUK KOLAR DISTRICT ... RESPONDENTS
(By Sri Y R SADASIVA REDDY,SR.ADV., FOR R1 & 2)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.6876/2006 DATED 30/05/2006.
IN WA No.638/2007
BETWEEN
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS VIDHANA VEEDHI BANGALORE-560 001
2. THE SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES M.S.BUILDING BANGALORE-560 001
3. THE COMMISSIONER AND DIRECTOR OF MINES AND GEOLOGY NO.49 KHANIJA BHAVAN, RACE COURSE ROAD BANGALORE 1
- 17 -
4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT
5. THE DEPUTY COMMISSIONER CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND
SRI MALLU S/O GURULINGAPPA AGED ABOUT 43 YEARS R/AT KAGGALIPURA CHAMARAJANAGAR TALUK CHAMARAJANAGARA DISTRICT
... RESPONDENT
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.5339/2005 DATED 03/07/2006.
IN WA No.168/2007
BETWEEN :
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT AMBEDKAR VEEDHI M.S.BUILDING BANGALORE-560 001
- 18 -
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND :
SRI BELLAPPA S/O BASAPPA AGED ABOUT 40 YEARS R/AT ARKALVADI VILLAGE HARADHANAHALLI HOBLI CHAMARAJANAGAR TALUK & DISTRICT ... RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.5514/2006 DATED 18/04/2006.
IN WA Nos.174/2007 & 2683-2697/2011
BETWEEN :
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT AMBEDKAR VEEDHI, M.S.BUILDING BANGALORE-560001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
- 19 - 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
4. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE
5. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANAKAPURA TALUK BANGALORE RURAL DISTRICT
6. THE ASSISTANT CONSERVATOR OF FORESTS, KANAKAPURA SUB DN. KANAKAPURA ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND :
1. SRI S M FAROOQ S/O FIROZ JAMAQ AGED ABOUT 45 YEARS R/O S.P.S. COMPLEX CHAMARAJANAGAR DIST AND TALUK
2. SRI CHAN BASAVAIAH S/O RACHAIAH AGED ABOUT 40 YEARS R/O S.P.S. COMPLEX CHAMARAJANAGAR DISTRICT AND TALUK
3. SRI S M FAROOQ S/O LATE C.S. FIROZ JAMAL SAHEB AGED ABOUT 45 YEARS R/O S.P.S. COMPLEX CHAMARAJANAGAR DISTRICT AND TALUK
- 20 - 4. SRI VAMIKA BANU W/O SHAIK AHMED AGED ABOUT 35 YEARS R/O VANUYAR STREET CHAMARAJANAGAR DISTRICT AND TALUK
5. SRI A M MAHESH S/O LATE A.V. MAHADEVAPPA AGED ABOUT 40 YEARS R/O ARKALVADI CHAMARAJANAGAR TALUK AND DISTRICT
6. SRI NANJA SHETTY S/O LATE NANJA SHETTY AGED ABOUT 35 YEARS R/O UPPARA STREET, Y K MOLE VILLAGE CHAMARAJANAGAR DISTRICT AND TALUK
7. SRI NAGENDRA BABU S/O VENKENTHA RAMANA SHETTY AGED ABOUT 43 YEARS R/O KOLLEGALA TOWN CHAMARAJANAGAR DISTRICT AND TALUK
8. SRI DR N RAMESH UDUPA S/O LATE.A. GANAPAIAH UDUPA AGED ABOUT 40 YEARS R/O ASHWINI HOSPITAL COMPLEX YALENDUR, CHAMARAJANAGAR TALUK AND DISTRICT
9. SRI ZAREEN TAJ W/O ABDUL AZEEZ SAB AGED ABOUT 35 YEARS R/O K P MOHALLA, IST CROSS, CHAMARAJANAGAR TALUK AND DISTRICT
10. SRI AMANULLA KHAN AGED ABOUT 35 YEARS
- 21 - R/AT 874, 25TH CROSS 4TH MAIN, VIDYARANYAPURA BANGALORE
11. SRI M SURESH S/O MUNISUBBANNA K M AGED ABOUT 45 YEARS R/O 950, 24 TH CROSS, 4 TH 'T' BLOCK JAYANAGR, BANGALORE
12. SRI B N KRISHNAMURTHY S/O LATE NARASAPPA AGED ABOUT 55 YEARS R/O 71, IST 'J' CROSS IST BLOCK, NAGARBHAVI II STAGE BANGALORE
13. SRI ABDUL RAHEEM S/O CHEENI MOHAMMED SAB AGED ABOUT 55 YEARS R/O NO.1516, KANAKANAGARA YELACHENAHALLI POST J.P NAGAR, BANGALORE-78
14. SRI SIDDEGOWDA S/O BASAVEGOWDA @ SOTHEGOWDA AGED ABOUT 65 YEARS R/A MAHIMANAHALLI VILLAGE UYAMBALI HOBLI, KANAKAPURA TALUK BANGALORE RURAL DISTRICT ... RESPONDENTS
THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.6589/2006 & CONNECTED MATTERS DATED 25/5/2006.
- 22 - IN WA No.183/2007
BETWEEN :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDINGS, AMBEDKAR VEEDHI BANGALORE-560 001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND :
SRI G P S SELVARAJ AGED ABOUT 43 YEARS S/O PALANIAPPA GOUNDER OCC:AGRICULTURE AND QUARRYING R/O NO.14, DR.PILLAI LAYOUT CHAMARAJANAGAR TQ & DISTRICT
... RESPONDENT (By Smt.LATA PRASAD, ADV.,)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.4566/2006 DATED 29/03/2006.
- 23 - IN WA No.96/2007
BETWEEN :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING AMBEDKAR VEEDHI BANGALORE-560001
2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR
3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY CHAMARAJANAGAR DISTRICT CHAMARAJANAGAR ... APPELLANTS (By Smt.NILOUFER AKBAR, AGA)
AND :
CHANNAMMA W/O CHANNEGOWDA AGED ABOUT 60 YEARS R/O KURUPBRA HUNDI VILLAGE CHAMARAJANAGAR TALUK AND DISTRICT ... RESPONDENT (By Sri L K SRINIVASA MURTHY, ADV.,)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION No.16979/2005 DATED 25/01/2006.
- 24 - THESE WRIT APPEALS COMING ON FOR FINAL HEARING THIS DAY, RAM MOHAN REDDY. J, DELIVERED THE FOLLOWING:
JUDGMENT
Since common questions of law and that of facts arise for consideration, with the consent of learned counsel for the appellants, all these appeals are clubbed together, finally heard and are disposed of by this order.
2. The issues involved in all these cases, though common, relate to whether the owners of patta lands on which quarrying activities are carried on are required to obtain orders of the Deputy Commissioner under Section 95 of the
Karnataka Land Revenue Act, 1964 (‘Act’ for short) to divert the use of agricultural land to non-agricultural purpose of quarrying minor minerals? The answer to this question is no more res integra in the light of the decision of a co-ordinate
Division Bench in WA No.972/2006 DD 02.04.2009 in the case of M.Kokila vs. The State of Karnataka and others,
- 25 - recording a finding that in the light of specific provision of
Section 95(2) of the Act, the Deputy Commissioner was required to issue necessary orders directing diversion of agricultural land to non-agricultural activity and as a consequence, in the absence of such conversion, Deputy
Commissioner was justified in issuing the endorsements impugned therein.
3. Learned Additional Government Advocate submits that these appeals be disposed of in the light of the aforesaid decision. Learned counsel files a memo dated 25/27.04.2015 enclosing particulars of mineral dispatch permits issued in respect of the respondents in the nineteen appeals.
According to learned counsel, on instructions from the
Deputy Director and Senior Geologist, Chamarajanagar, In- charge Deputy Director, Ramanagara, The Senior Geologist,
Mysuru and Senior Geologist, Kolar, royalty, on the minerals so quarried, from 19 respondents in the appeals has since
- 26 - been recovered and that it is only when 7 of those respondents furnished orders of diversion of agricultural land under Section 95(2) of the Act, permits for transporting minerals quarried were issued.
4. Recording the submissions and taking on record the memo, nothing further survives for consideration in these appeals and are accordingly ordered.
The Interlocutory Applications for production of documents and for dispensation are rejected as unnecessary.
Sd/- CHIEF JUSTICE
Sd/- JUDGE
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