Karnataka High Court
M/S. Mspl Limited vs The State Of Karnataka on 2 June, 2016
Bench: Chief Justice, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF JUNE 2016
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE RAVI MALIMATH
WRIT PETITION NO.58591 OF 2015 (GM-MMS)
BETWEEN:
M/S. MSPL LIMITED
BALDOTA ENCLAVE,
ABHERAJ BALDOTA ROAD
HOSPET - 583 203,
BELLARY DISTRICT
REPRESENTED BY ITS DIRECTOR
SRI MEDA VENKATAIAH,
S/O OBAYYA,
AGED ABOUT 70 YEARS ... PETITIONER
(BY SRI:K VENUGOPAL, SR. ADV FOR
SRI:SWAMY M M, ADV)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT OF COMMERCE,
AND INDUSTRIES, M.S.BUILDING,
BANGALORE - 560 001.
2. DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJ BHAWAN,
BANGALORE - 560 001.
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3. M/S S.B.MINERALS
A PARTNERSHIP FIRM,
RANIPET, K.R.ROAD, HOSPET - 583 201.
DISTRICT BELLARY,
REPRESENTED BY ITS PARTNER.
4. MR. B P ANANDKUMAR SINGH
AGED ABOUT 58 YEARS
S/O PRITHWIRAJA SINGH,
PARTNER OF S.B.MINERALS,
5/805, ANANDANILAYA,
K.R.ROAD, RANIPET, HOSPET - 583 201.
5. MR. S.B.JAIRAJ SINGH
AGED ABOUT 50 YEARS
S/O B.S.BALAJI SINGH
PARTNER OF S.B.MINERALS,
OPPOSITE STATE BANK OF INDIA
STATION ROAD, HOSPET.
6. MR. B.S. SRINIVAS SINGH
S/O B H SHANKAR SINGH
AGED ABOUT 56 YEARS
PARTNER OF S.B.MINERALS,
K.R.ROAD,
RANIPET, HOSPET - 583 201.
7. MR. B.S.PANDURANG SINGH
S/O B H SHANKAR SINGH
AGED ABOUT 58 YEARS
PARTNER OF S.B.MINERALS,
K.R.ROAD,
RANIPET, HOSPET - 583 201.
8. MR. B.S. LAKSHMINARAYAN SINGH
S/O LATE BALAJI SINGH
AGED ABOUT 55 YEARS
PARTNER OF S.B.MINERALS,
K.R.ROAD,
RANIPET, HOSPET - 583 201.
9. MR. B.S. GOPAL SINGH
S/O LATE SHANKAR SINGH
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AGED ABOUT 52 YEARS
PARTNER OF S B MINERALS,
K.R.ROAD,
RANIPET, HOSPET - 583 201.
10. MR. B.S. JAIRAJ SINGH
S/O B.S.BALAJI SINGH
AGED ABOUT 48 YEARS
PARTNER OF S B MINERALS,
K R ROAD,
RANIPET, HOSPET - 583 201.
11. MR. B.S.RATAN SINGH
S/O B.S.SATYANARAYAN SINGH
AGED ABOUT 56 YEARS
PARTNER OF S B MINERALS,
K.R.ROAD, RANIPET,
HOSPET - 583 201
12. MR. B.S.NANDKUMAR SINGH
S/O B.S.SUBHARAJ
AGED ABOUT 42 YEARS
PARTNER OF S B MINERALS,
BASAVESWARA, BADA VANE, RANIPET,
HOSPET - 583 201.
13. MR. B.S.DEEPAK SINGH
S/O B.S.SATYANARAYAN SINGH
AGED ABOUT 50 YEARS
PARTNER OF S B MINERALS,
K.R.ROAD, RANIPET,
HOSPET - 583 201.
14. MR. B.S.ANNAPURNA BAI
W/O B.S.SATYANARAYAN SINGH
AGED ABOUT 82 YEARS
PARTNER OF S B MINERALS,
K.R.ROAD, RANIPET,
HOSPET - 583 201. ... RESPONDENTS
(BY SRI:I THARANATH POOJARY, AGA FOR R1 & R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN
THE NATURE OF A MANDAMUS TO THE R-1 STATE OF
KARNATAKA TO EXERCISE POWERS UNDER THE MMDR ACT,
INCLUDING UNDER SEC./ 21(5) THEREOF, AND ASESS THE
TOTAL QUANTITY OF IRON ORE ILLEGALLY EXTRACTED AND
TRANSPORTED BY R-3 M/S S.B. MINERALS FROM THE
PETITIONERK MINING LEASE AREA BEING M.L.2416 VIDE
ANNEXURE A AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
After hearing Mr.K Venugopal, learned senior counsel appearing in support of the writ petitioner and Mr.I Tharanath Poojary, learned additional government advocate for respondent Nos.1 and 2, we feel that the justice would be subserved, if we dispose of this writ petition granting liberty to the writ petitioner to make a representation in details to the Secretary, Department of Commerce and Industries, Government of Karnataka, within a period of two weeks.
2. If such representation is made, the said Secretary is requested to consider and dispose of the said 5 representation after giving an opportunity of hearing to all the concerned in the matter within a period of six weeks from the date of submission of such representation by passing speaking and reasoned order.
3. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE *bgn/-