Karnataka High Court
M/S. Mspl Limited vs Government Of India on 8 March, 2021
Bench: Chief Justice, S Vishwajith Shetty
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF MARCH, 2021
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 4569 OF 2021 (GM-MM-S)
BETWEEN:
M/S. MSPL LIMITED
CORP. OFF.: BALDOTA ENCLAVE
ABHERAJ BALDOTA ROAD
HOSPET - 583 203
REP. BY ITS AUTHORIZED SIGNATORY
SRI MEDA VENKATAIAH
S/O OBAYYA
AGED ABOUT 73 YEARS
... PETITIONER
(BY SHRI SWAMY M.M., ADVOCATE)
AND:
1. GOVERNMENT OF INDIA
MINISTRY OF MINES
SHASTRI BHAWAN
DR. RAJENDRA PRASAD ROAD
NEW DELHI - 110 001
REP BY ITS SECRETARY
2. THE SECRETARY TO GOVERNMENT
(MINING SSI AND TEXTILES)
COMMERCE AND INDUSTRIES DEPARTMENT
GOVERNMENT OF KARNATAKA
VIKAS SOUDHA
BENGALURU 560 001
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3. THE DIRECTOR OF MINES AND GEOLOGY
GOVERNMENT OF KARNATAKA
DEPARTMENT OF MINES AND GEOLOGY
5TH FLOOR, KHANIJA BHAVAN
RACE COURSE ROAD
BENGALURU - 560 001
... RESPONDENTS
(BY SHRI K.A. ARIGA, ADVOCATE FOR R1;
SHRI VIKRAM HUILGOL, AGA FOR R2 & R3)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS TO ADHERE TO THE TIME
PERIODS STIPULATED IN THE MINES AND MINERALS
(DEVELOPMENT AND REGULATION) ACT, 1957 READ WITH
THE MINERALS (OTHER THAN ATOMIC AND HYDRO CARBON
ENERGY MINERALS) RULES, 2016 FOR DISPOSAL OF
APPLICATIONS BY HOLDERS OF PREFERENTIAL RIGHTS FOR
MINERAL CONCESSIONS, AND IN ANY CASE, DISPOSE OF THE
APPLICATIONS WITHIN A REASONABLE TIME AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The present petition is filed on 27th June 2020 complaining about the failure of the second respondent-State Government to decide the applications made by the petitioner on 25th July 2014 at Annexures-N, N1 to N7.
2. The petitioner which is a Limited Company has approached to the writ Court nearly six years after making the applications. It is not the case of the petitioner that even a reminder was submitted by it after 25th July 2014. -3-
3. Considering the fact that the petition suffers gross delay and laches, we decline to entertain the same only on that ground. Accordingly, the petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE SN