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1987 DIGILAW 213 (KAR)

BOMMAIAH v. DAPUTY COMMISSIONER, MYSORE

1987-07-29

M.P.CHANDRAKANTARAJ

body1987
CHANDRAKANTHARAJ, J. ( 1 ) THIS matter coming up for orders, is taken up for final hearing and disposed of by the following order. ( 2 ) LEARNED Government Advocate is directed to take notice for respondent no. 1. ( 3 ) PETITIONER is the owner of Patta land in Kollegal Taluk of Mysore District bearing Sy. No. 124 measuring 1 acre. In accordance with the Karnataka Minor mineral Concession Rules 1969, he has signed an agreement with the Deputy commissioner, Mysore District, the respondent herein, to carry on quarrying operations in his land to quarry black granite which is admittedly a minor mineral under the aforementioned Rules. His grievance is that there has been an inordinate delay in the issue of permits to transport the quarry stones to its destination outside the quarry. In that circumstance, he has prayed, this Court may issue certain directions in the nature of mandamus directing the respondent not to interfere with his quarrying operation and to issue permits in accordance with the rules, expeditiously. ( 4 ) IN similar cases, this Court by my common order in W. P. No. 4563/87 and connected matters, he pointed out that pattadas in Madras area of Karnataka state are governed by Chapter-V of the karnataka Minor Mineral Concession rules, 1969, and as long as they observe the rules and the conditions in the agreement entered into with the Deputy Commissioner, there should be no obstacle placed on them to extract the mineral. ( 5 ) THEREFORE, the petitioner is also entitled to a similar declaration in this petition. Rule will accordingly issue, directing the respondent to observe the rules and grant the quarrying permit. It has been made clear that transportation permit is no part of the rules, but it is incidental to the right of the Governmeat to collect royalty, as that is the only means by which a check may be maintained as to the quantity of granite extracted from the quarry. Therefore, in all cases where royalty is required to be paid, a transport permit also should be issued promptly. Rule will accordingly issue and be made absolute. Learned Government Advocate is permitted to file his memo of appearance on behalf of respondent within 2 weeks from to-day. --- *** --- .