IN TRY RICH joUP OP KARNKFAKA AT t3ANGATORF DATFD PñTS THE 26TH Y OF !AY 1998 B!FOPE THE FJON’BL! ?‘P JtTIC! V,P HAN KUTAP 12 Sri. ? 4 uruuesban, Sb Palan{ Swamy, Besiding in Ilkal, Bijarur Dstrict ,,,Petit loner ( By Sri, K.B, Shivakomar, Advoaate ) A : 1, The State of Karnataka, by its Seoretary, Pevenue Department, Vidhana Soudha, Ban’a tore, 2, The Deputy Oommissioner Raiobur Distriot, R a Ia h ur, : The Tabs Ildar, Ye1’’urpa Teibtirga, Palehur Dist, ,,Pespoen C By Sri, T,P, Nambiar, dd’,Govt, Advoo te ) P isri t ttionis fid nerA t Is 226 and 2 of be Oonstitution of Innia, rying to dIrect tb€ restondeots not o interfere with ontd a a a a a — ar e2 I the petitioner’s right to excmvate eta, granite found in his patta land inaoccxdsnee with Seo38 at ZIP Code ieee and 310.70 of ELI Act. this writ petition acting on for hearing this day, the Court made the following: QflLi In a similar a lxoumstances with respect to the quarrying of minerals fret the landa situated in Kyderabad area, a Division Bemh of this Court in v.P. No.25507/94 passed the fol1ciing orders ‘ the petitioner in this case claims tobeaownerofapattalandand that thereby he Is entitled to carry on quarrying activity in the saM laid. the qi stioa cm up for coiwideration before this Court In Sfltf OP EAP)A m AEA To D,N. SHIfT lIP 1993(3) flENItIZA 2605. How ver, while deciding the matter this Court con ide dolythaseofpatta and owt a e ming witn the ot Wys re area and old Madras area a Id not in reset t e I I old Bombay ard old Hyderabad area. Thuestion in relation to the rights of the alleged patta holders of those areas was left open, It is urrn#eessary foz us to examine various contentions irged in this petitions It would be appropriate for ie petitioner to file an plication as contemplated urder the Karnataka Minor Mineral aotession Rules, 1994 and if such an appli2ation is filed ithi two months from today let the concerned authorities oot1der the s iie and doide the same, including the question raised in tbis oetition to tneir ri’ht co narry in toe lands and also r ran o Ii nOe inder the reLvarrt B cc Statue— to continue I the applat ions filed by the petitioners are disposed of, “ 2, 1 do not think that the quest ion raised in this writ petition is any different As dro inth j it iot a4a if the petitioner Is directed to file an application as contemolated index the Karnataka Minor Mineral Concession Rules 1994, If such application is filed within a period cf two months from toda, the corterned authorities may comider at dlspree of the same including the question raised as to the right of nuarryinu and urant of licence, 3, Status—quo as on today sball ocotinue t 11 the disposal of the plication made by the petitioner Jrit petitio dffiposed of a above sI JUDGE fl ks p/.