Research › Search › Judgment

Karnataka High Court · body

2019 DIGILAW 101 (KAR)

Kumar Gowda G. S/o Gangadhar J. v. Chief Secretary Government Of Karnataka Vidhana Soudha Bengaluru

2019-01-08

ARAVIND KUMAR, DINESH MAHESHWARI

body2019
ORDER : In view of the submissions made, office objections in W.P.No.56929/2018 are waived. These petitions involving similar and akin issues have been considered together and are taken up for final disposal at this stage itself by way of this common order. Though it is pointed out that in W.P.No.52970/2018 the petitioner has chosen to prefer a revision petition challenging the impugned endorsement dated 22.10.2016, the same was dismissed as being barred by time. Be that as it may, having regard to the circumstances of the case and the orders passed in similar nature petitions, we are clearly of the view that the petitioner is entitled to the same relief as allowed in the other similarly circumstanced cases. It is not in dispute that several similar nature writ petitions have been considered and allowed by this Court, either while disapproving the similar endorsements/orders and restoring the applications for reconsideration or while requiring the pending applications to be considered in accordance with law, including a batch of writ petitions led by W.P.No.43235/2017, decided on 11.04.2018, wherein this Court has, inter alia, observed as under: “In the order dated 24.10.2017 in W.P.No.44260/2017, this Court has taken note of the provisions contained in the amended Rule 8-B of the Rules and has also taken note of the candid submissions of the learned Additional Government Advocate as under:- “5. Learned Additional Government Advocate submits that this Court in Writ Petition No.25421/2017 (DD 04.07.2017) and in several other matters has held that applications as that of the petitioner do not become ineligible if the application was received by the Competent Authority before 16.06.2015 and further, it is held that it is the responsibility of the Competent Authority to consult the authorities referred to in Rule 8(5) of the Rules and to obtain the certificates and reports referred to therein. He further submits that the application of the petitioner was received by the Competent Authority before 16.06.2015.” This Court has also considered the earlier orders passed in the matters and has allowed W.P.No.60155/2016 by the order dated 22.03.2018, while observing as under: “Having regard to the submissions made, this petition stands disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions to the authorities of the Mines and Geology Department within two weeks from today. The authorities concerned shall consider and finally decide on the prayer of the writ petitioner for execution of the lease deed within four weeks from the date of production of the certified copy of this order. No costs.” The proposition aforesaid, for all practical purposes, apply to these cases too. This Court has repeatedly observed that it was the responsibility of the concerned authority/authorities to obtain the clearances and technical reports; and for their omissions, the applications could not have been rejected. We find no reason to take any different view of the matter. Accordingly, all these petitions stand disposed of at this stage itself, while requiring that the concerned authorities shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today. The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deeds within four weeks from the date of production of the certified copy of this order. No costs.” The position aforesaid applies to the present cases too. Accordingly, these writ petitions are also disposed of at this stage itself while disapproving the impugned endorsements/orders, if made in rejection of the application of the writ petitioners and with the requirement that the authorities concerned shall send their views/opinions/reports to the authorities of Mines and Geology Department within two weeks from today. The authorities concerned shall consider and finally decide on the prayer of the writ petitioners for execution of the lease deed within four weeks from the date of production of the certified copy of this order. No costs.