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S K SURESH (MANAGING DIRECTOR)     27 November 2013

Whether a lease deed overcome the affidavit given earlier

Sir,

I have given an affidavit to Mines and Geology, Chikamagalur stating that i will be excavating blocks of steatite stones and sell only to small scale industries in 2009. I have got the license for excavating after a year i.e in November 2010. When giving license, Mines and geology has not stated in the lease deed about affidavit conditions and the next 2 years i was excavating big blocks and selling to Export units . Now they are telling as per the affidavit i cannot sell like that and cancelled my license after giving 3 notices. Whether the affidavit will stand good as per the law. Already they have cancelled my lease and i have gone to High Court in Bangalore.

Affidavit is not a part of the application and in the lease deed no where the same condition is included.
 

But in their objection they are citing that i have guilty of violating my own undertaking ( affidavit )  which was a per-condition and basis for grant of quarrying lease.

I need your opinion and further course of action if High court rejects my Writ petition.

Suresh S K
Bangalore
9845059154


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