Karnataka High Court
M/S P M Mines And Minerals Private ... vs Union Of India on 2 January, 2017
Bench: Chief Justice, R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2nd DAY OF JANUARY, 2017
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
WRIT PETITION NO.62756 OF 2016 (GM-MMS)
BETWEEN :
M/S.P.M. MINES & MINERALS
PRIVATE LIMITED
A COMPANY REGISTERED UNDER THE
COMPANIES ACT,
HAVING ITS OFFICE
AT NO.129, 7TH MAIN, V BLOCK
JAYANAGAR,
BANGALORE - 41
REPRESENTED BY ITS
AUTHORIZED REPRESENTATIVE
MR.M.BABANNA,
AGE: 50 YEARS ... PETITIONER
(BY MR. L.M.CHIDANANDAYYA, ADVOCATE)
AND :
1. UNION OF INDIA
THROUGH SECRETARY
DEPARTMENT OF MINES
MINISTRY OF COAL AND MINES
MINISTRY OF MINES
2
SHASTRI BHAVAN,
NEW DELHI-110 001.
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
COMMERCE & INDUSTRIES
DEPARTMENT
(SSI, MINES & TEXTILES)
VIKASA SOUDHA,
BANGALORE-560 001.
3. THE COMMISSIONER
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE-560 001. ... RESPONDENTS
(BY MR.K.M.NATARAJ, ADDITIONAL SOLICITOR GENERAL A/W
SRI. K.A.ARIGA, CGC, FOR R-1
DR. ADITYA SONDHI, ADDITIONAL ADVOCATE GENERAL A/W
SRI.V.G. BHANUPRAKASH, AGA, FOR R-2 & R-3)
---
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to call for the records which
ultimately resulted in passing the endorsement dated
08.06.2016 vide Annexure-A issued by R-3; quash the
endorsement dated 08.06.2016 vide Annexure-A issued by R-3
and etc.
This petition coming on for Preliminary Hearing this day,
THE CHIEF JUSTICE made the following:
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ORDER
This is a writ petition seeking, in substance, a mandamus to issue mining lease in favour of the writ petitioner on the ground that there has been a letter of intent on behalf of the State Government to grant the lease.
2. Our attention is drawn to the decision of the Supreme Court of India in the case of BHUSHAN POWER AND STEEL LIMITED versus MR.S.L.SEAL, ADDITIONAL SECRETARY (STEEL AND MINES), GOVERNMENT OF ODISHA AND OTHERS in Contempt Petition (Civil) No.275 of 2016 in Contempt Petition (Civil) No.374 of 2012 in Civil Appeal No.2790 of 2012, where it has been held that there could not have been any letter of intent by the State Government unless there has been a previous approval of the Central Government. The previous approval of the Central Government has been essential. 4
3. Admittedly, in this case, there was no previous approval by the Central Government. Therefore, we do not find any merit in the writ petition.
4. The writ petition stands dismissed.
5. There will be no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE RV