R N SHIVANANJE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions under Art. 226(1)(b) and (c) of the Constitution, the petitioners have challenged the correctness of the order passed by the Director, Department of Mines and Geology, Bangalore, in Case No. 167/241/245/LMS/RVN/76.2-5180, dated 28-10-1976 (Exhibit-N) rejecting the revision petitions filed by the petitioners under R. 61 of the Karnataka Minor Mineral Concession Rules, 1969 (hereinafter referred to as the Rules, and further confirming the grant of quarry lease made in favour of the Village Panchayat Committee, Chinkurli respondent No. 4 herein.

(2.) Sri N, S. Srinivasan, the learned Counsel appearing for the petitioners, submitted that no grant of quarrying lease can be, made to the Village Panchayat Committee in view of the provisions contained in the Rules. It was also contended that the grant made in favour of the Village Panchayat Committee is vitiated because there was no prior approval obtained by the, competent authority before making the grant in favour of the Village Panchayat Committee. It was also further submitted that the petitioners being the prior applicants in respect of the areas granted to the Village Panchayat Committee, they were entitled for priority under R. 7 of the Rules and as such, the grant made in favour of the Village Panchayat Committee (respondent-4 herein) ignoring the priority as provided under R.7 of the Rules, is illegal.

(3.) During the course of the following facts were not disputed before me by the learned Counsel appearing for both sides :