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M/s. Prism Infra Tech, By its proprietor Sadiq v/s State of Karnataka, Reptd. by its Chief Secretary to Government, Bengaluru & Others


Company & Directors' Information:- J T L INFRA LIMITED [Active] CIN = L27106CH1991PLC011536

Company & Directors' Information:- H N COMPANY INFRA PRIVATE LIMITED [Active] CIN = U45201NL2005PTC007743

Company & Directors' Information:- N A R INFRA PRIVATE LIMITED [Active] CIN = U45209TG2010PTC066556

Company & Directors' Information:- D S P INFRA TECH PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059001

Company & Directors' Information:- T AND T INFRA PRIVATE LIMITED [Active] CIN = U45200PN2012PTC144893

Company & Directors' Information:- S R C INFRA PRIVATE LIMITED [Active] CIN = U45200KA2014PTC073052

Company & Directors' Information:- S G F INFRA PRIVATE LIMITED [Active] CIN = U45400JK2013PTC003837

Company & Directors' Information:- R E INFRA PRIVATE LIMITED [Active] CIN = U74999MH2007PTC175255

Company & Directors' Information:- M Y C INFRA PRIVATE LIMITED [Active] CIN = U45400UP2013PTC055996

Company & Directors' Information:- A R INFRA PRIVATE LIMITED [Active] CIN = U45202AS2008PTC008561

Company & Directors' Information:- R K INFRA(INDIA) PRIVATE LIMITED [Active] CIN = U45201KA2010PTC054009

Company & Directors' Information:- I V INFRA PRIVATE LIMITED [Active] CIN = U45309PB2008PTC031932

Company & Directors' Information:- PRISM (INDIA) LIMITED [Strike Off] CIN = U99999MH1978PLC020505

Company & Directors' Information:- M & B INFRA LIMITED [Active] CIN = U70109PB2012PLC036738

Company & Directors' Information:- A S INFRA-TECH PRIVATE LIMITED [Strike Off] CIN = U45204MH2005PTC154952

Company & Directors' Information:- J. P. INFRA (BENGALURU) PRIVATE LIMITED [Under Process of Striking off] CIN = U31900MH2007PTC177078

Company & Directors' Information:- A H INFRA LIMITED [Active] CIN = U31501WB2010PLC155151

Company & Directors' Information:- V & H INFRA PRIVATE LIMITED [Active] CIN = U45203MH2008PTC181787

Company & Directors' Information:- S R U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2014PTC065614

Company & Directors' Information:- S G U INFRA PRIVATE LIMITED [Active] CIN = U70102UP2015PTC071682

Company & Directors' Information:- N. S. INFRA PRIVATE LIMITED [Active] CIN = U45200UP2021PTC142424

Company & Directors' Information:- M G D INFRA PRIVATE LIMITED [Active] CIN = U45400UP2015PTC069886

Company & Directors' Information:- K R D INFRA PRIVATE LIMITED [Active] CIN = U45400TZ2020PTC034945

Company & Directors' Information:- Z INFRA LIMITED [Strike Off] CIN = U45201OR2009PLC010795

Company & Directors' Information:- S B M INFRA PRIVATE LIMITED [Strike Off] CIN = U45201TR2010PTC008299

Company & Directors' Information:- TECH INFRA PRIVATE LIMITED [Active] CIN = U45203JK2003PTC002266

Company & Directors' Information:- S INFRA PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201OR2012PTC016064

Company & Directors' Information:- J D C INFRA PRIVATE LIMITED [Strike Off] CIN = U45209HR2012PTC045407

Company & Directors' Information:- S S P L INFRA PRIVATE LIMITED [Strike Off] CIN = U45201OR2011PTC013469

Company & Directors' Information:- Y. M. INFRA PRIVATE LIMITED [Active] CIN = U45400MH2010PTC211055

Company & Directors' Information:- J V R INFRA-TECH (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400TG2011PTC073611

Company & Directors' Information:- V V INFRA PRIVATE LIMITED [Active] CIN = U45200TG2008PTC059111

Company & Directors' Information:- R V G INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2011PTC219732

Company & Directors' Information:- S P G N INFRA PRIVATE LIMITED [Active] CIN = U45200AP2015PTC096326

Company & Directors' Information:- Y. C. INFRA PRIVATE LIMITED [Active] CIN = U45400WB2010PTC151352

Company & Directors' Information:- J K S INFRA (INDIA) LIMITED [Active] CIN = U45209PB2012PLC036363

Company & Directors' Information:- J S N INFRA (INDIA) LIMITED [Active] CIN = U45400UP2012PLC050189

Company & Directors' Information:- R V J INFRA PRIVATE LIMITED [Active] CIN = U45200DL2013PTC249181

Company & Directors' Information:- J J INFRA INDIA PRIVATE LIMITED [Active] CIN = U45209AP2011PTC078174

Company & Directors' Information:- A R INFRA (INDIA) PRIVATE LIMITED [Active] CIN = U70109MP2007PTC020049

Company & Directors' Information:- B & G INFRA TECH PRIVATE LIMITED [Strike Off] CIN = U45200TN2008PTC066468

Company & Directors' Information:- G K V INFRA PRIVATE LIMITED [Strike Off] CIN = U45200PN2011PTC141814

Company & Directors' Information:- M R K INFRA PRIVATE LIMITED [Active] CIN = U45209TG2012PTC080558

Company & Directors' Information:- L G INFRA PRIVATE LIMITED [Strike Off] CIN = U45400TN2014PTC095310

Company & Directors' Information:- PRISM CORPORATION PRIVATE LIMITED [Active] CIN = U74999TN2012PTC086213

Company & Directors' Information:- J G INFRA PRIVATE LIMITED [Active] CIN = U45209CH2012PTC034095

Company & Directors' Information:- E & P INFRA PRIVATE LIMITED [Strike Off] CIN = U74999DL2014PTC271401

Company & Directors' Information:- T & T INFRA INDIA PRIVATE LIMITED [Strike Off] CIN = U70109DL2015PTC276336

Company & Directors' Information:- K T INFRA PRIVATE LIMITED [Strike Off] CIN = U70200DL2010PTC199408

Company & Directors' Information:- B S L INFRA-TECH PRIVATE LIMITED [Active] CIN = U74900DL2011PTC224481

Company & Directors' Information:- A 4 INFRA PRIVATE LIMITED [Strike Off] CIN = U70100DL2012PTC233921

Company & Directors' Information:- K & H INFRA PRIVATE LIMITED [Active] CIN = U45209AP2013PTC090417

Company & Directors' Information:- C D E F INFRA PRIVATE LIMITED [Active] CIN = U45200KA2011PTC057888

Company & Directors' Information:- M M D INFRA PRIVATE LIMITED [Strike Off] CIN = U70101GJ2013PTC075444

Company & Directors' Information:- P M D INFRA PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050762

Company & Directors' Information:- M S TECH-INFRA PRIVATE LIMITED [Active] CIN = U28998MH2021PTC353763

Company & Directors' Information:- V & T INFRA PRIVATE LIMITED [Strike Off] CIN = U70100TG2008PTC061671

    Writ Petition No. 44610 of 2017 (GM-MM-S)

    Decided On, 09 October 2017

    At, High Court of Karnataka

    By, THE HONOURABLE CHIEF JUSTICE MR. SUBHRO KAMAL MUKHERJEE & THE HONOURABLE MR. JUSTICE P.S. DINESH KUMAR

    For the Petitioner: S.Y. Shivalli, Advocate. For the Respondents: V.G.Bhanuprakash, Additional Government Advocate.



Judgment Text

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the endorsement dated 17/20.6.2016, and endorsement dated 14.9.2016 issued by respondent No.4 as being arbitrary, erroneous and contrary to law, equity and justice at [Annexure-C and D], and etc.)

P.S. Dinesh Kumar, J.

1. Issue notice to the respondents.

Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for the respondents. Therefore, formal service of notice to them is dispensed with.

2. Petitioner applied for grant of quarrying lease for extraction of m-sand/building stone on February 25, 2015. The Assistant Commissioner, Pandavapura, submitted a report to the Senior Geologist, Mandya (respondent No.4), stating that there was a proposal to transfer the land in question to the Forest Department. In furtherance thereof, the fourth respondent issued an endorsement dated June 17/20, 2016 (Annexure 'C') rejecting petitioner's application.

3. In the meanwhile, the residents of the village were protesting against proposed transfer of the land in question to the Forest Department. In this background, the petitioner submitted a representation to the Senior Geologist, not to reject its application. In response, by an endorsement dated September 14, 2016, (Annexure 'D'), the Senior Geologist called upon the petitioner to obtain a 'No Objection Certificate' from the Forest Department to consider its request.

4. Mr.S.Y.Shivalli, learned advocate for the petitioner, contended that both the Annexures 'C' and 'D' are unsustainable in law as, the land in question is a Gomal land and the endorsements are based on a proposal to transfer the land to the Forest Department.

5. However, Mr.Bhanuprakash, learned additional government advocate, appearing for the respondents sought to justify the endorsements. He submitted that since the proposal to transfer the land to the Forest Department was under consideration, the Senior Geologist, was right in issuing the impugned endorsements.

6. It is not in dispute that the land in question is a Gomal land. The transfer of the land to the Forest Department is still at the proposal stage. Therefore, in our view, the impugned endorsements are unsustainable in law.

7. In the result, the endorsements dated June 17/20, 2016 and September 14, 2016, being Annexures-C and D to this writ petition are quashed and the Senior Geologist, Department of Mines and Geology, Mandya district (respondent No.4) is directed to consider

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the petitioner's application, for grant of quarrying lease to extract m-sand/building stone, in accordance with law, within a period of eight weeks from the date of communication of this order. 8. The writ petition stands allowed. 9. We make no order as to costs.
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