Karnataka High Court
Smt. Mangala W/O Maltesh Challamard vs State Of Karnataka on 8 February, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-D:2791
WP No. 100775 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 100775 OF 2024 (GM-RES)
BETWEEN:
1. SMT. MANGALA W/O MALTESH CHALLAMARD,
AGE: 41 YEARS, OCC.: BUSINESS,
R/O: PLOT NO. 34, RAJ NAGAR,
VISHWESHWARNAGAR,
HUBBALLI - 580032.
2. SRI VISHWANATH S/O BASAYYA HIREMATH,
AGE: 55 YEARS, OCC.: BUSINESS,
R/O: #158/B/16/1, HUDCO (SOUTH),
NEAR BAYALU ANJANEEYA TEMPLE,
GADAG - 582101.
3. SRI MAHADEVAPPA S/O MALLAPPA BABJI,
AGE: 53 YEARS, OCC.: BUSINESS,
R/O: AT: GYAMBAPUR, TQ: KALAGHATAGI,
DIST: DHARWAD - 580114.
4. SRI GANGADHAR S/O BASAYYA HIREMATH,
AGE: 58 YEARS, OCC.: BUSINESS,
GIRIJA A
BYAHATTI
R/O: 1ST CROSS, KALYAN NAGAR,
DHARWAD - 580001.
Digitally
signed by
GIRIJA A
BYAHATTI
5. SMT. SUGUNA MRUTYUNJAYA HIREMATH,
AGE: 57 YEARS, OCC.: BUSINESS,
R/O: MAHIMA NIKETANA, NEAR SOCIETY,
MULGUND (TP), GADAG - 582117.
6. SRI VIRUPAKSHAGOUDA
S/O SHIVANAGOUDA PATIL,
AGE: 68 YEARS, OCC.: BUSINESS,
R/O: # SHANTVEER NILAY, 1ST CROSS,
JAY NAGAR, BARA KOTRI LINK ROAD,
DHARWAD - 580001.
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7. SRI SHIVANAND S/O SIDDAPPA GAMANAGATTI,
AGE: 60 YEARS, OCC.: BUSINESS,
R/O: # 26, SURABHI NAGAR, GOKUL ROAD,
HUBBALLI - 580030.
8. SRI SHAREEF S/O BHIMAPPA MYAGERI,
AGE: 34 YEARS, OCC.: BUSINESS,
R/O: # 42, TEACHERS COLONY,
BENGERI, HUBBALLI - 580023.
9. SRI GURUBASAVARAJ S/O BUDAPPA HUKKERI,
AGE: 31 YEARS, OCC.: BUSINESS,
R/O: 392/13, 7TH MAIN ROAD, 5TH CROSS,
BEHIND BASAVA KENDRA SCHOOL, GIRINAGAR,
GOKUL ROAD, HUBBALLI - 580030.
10. SRI MALLIKARJUN S/O SHANMUKHAPPA LINGARADDI,
AGE: 59 YEARS, OCC.: BUSINESS,
R/O: # 14089/A/3, MATRU KRUPA,
SARASWATPUR, KALAGHATAGI ROAD,
DHARWAD - 580002.
11. SRI DAYANAND S/O BASAVARAJ MASUR,
AGE: 60 YEARS, OCC.: BUSINESS,
R/O: RAJATGIRI CROSS, SARASWATPUR,
KALAGHATAGI ROAD, DHARWAD - 580002.
12. SRI CHANDRAHAS S/O LATE GURUSIDDAPPA UPPAR,
AGE: 56 YEARS, OCC.: BUSINESS,
R/O: GURUSIDDESHWAR NAGAR,
BEHIND MOORUSAVIR MATH,
HUBBALLI - 580028.
13. SRI NANDISH S/O VEERAPPA TALLUR,
AGE: 48 YEARS, OCC.: BUSINESS,
R/O: # 203, GIRIDHAM, 2ND MAIN ROAD,
NARAYANPUR, DHARWAD - 580008.
14. SRI VEERAPPA S/O SANNAEERAPPA TALLUR,
AGE: 88 YEARS, OCC.: BUSINESS,
R/O: # 203, GIRIDHAM, 2ND MAIN ROAD,
NARAYANPUR, DHARWAD - 580008.
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15. SRI KALLAPPA S/O FAKKIRAPPA HATTI,
AGE: 78 YEARS, OCC.: BUSINESS,
R/O: PANCHAYITI ONI, MUGAD,
TQ: & DIST: DHARWAD - 580007.
16. SRI MALLIKARJUN S/O BASAVARAJ SANIKOPA,
AGE: 54 YEARS, OCC.: BUSINESS,
R/O: # 51, MALLIKARJUN NILAYA, 2ND CROSS,
VINAYAK NAGAR, DHARWAD - 580001.
17. SRI VAGJRAMUNI S/O GURUAPPA SHIRKOL,
AGE: 52 YEARS, OCC.: BUSINESS,
R/O: # 30, BANI ONI SOUTH SIDE,
HUBBALLI - 580020.
18. SRI CHETAN S/O GANAPATI PATIL,
AGE: 40 YEARS, OCC.: BUSINESS,
R/O: # PLOT NO. 07, SAI NILAYA,
MICHIGAN COMPOUND, CITB COLONY,
SAPTAPUR, DHARWAD - 580001.
19. SRI MANJUNATH S/O BASAPPA TADAS,
AGE: 48 YEARS, OCC.: BUSINESS,
R/O: B. GUDIHAL, TQ: KALAGHATAGI,
DIST: DHARWAD - 580114.
20. SRI DATTU S/O JANARDHANSA HABIB,
AGE: 62 YEARS, OCC.: BUSINESS,
R/O: # 3/10, BYAHATTI PLOT,
DESHPANDE NAGAR, HUBBALLI - 580029.
21. SRI BASAGOUDA S/O KALAGOUDA PATIL,
AGE: 60 YEARS, OCC.: BUSINESS,
R/O: DHARWAD HUBBALLI MAIN ROAD,
NTTF GANAPATI TEMPLE,
BEHIND KOPPIKAR HOUSE,
DHARWAD - 580001.
22. SRI DEEPAK S/O NARAYANSA PAWAR,
AGE: 50 YEARS, OCC.: BUSINESS,
R/O: GANESH NILAYA, ANAND GADDI,
KAMALAPUR, DHARWAD - 580008.
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23. SMT. SNEHA W/O DEEPAK PAWAR,
AGE: 41 YEARS, OCC.: BUSINESS,
R/O: GANESH NILAYA, ANAND GADDI,
KAMALAPUR, DHARWAD - 580008.
24. SRI RAJASHEKHARAGOUDA
S/O SHANKARAGOUDA PATIL,
AGE: 52 YEARS, OCC.: BUSINESS,
R/O: VIRABHADRADEVARA STREET, BETADUR,
TQ: KUNDAGOL, DIST: DHARWAD - 581207.
25. SMT. ROOPA S/O SHIVARUDRAPPA GOKUL,
AGE: 42 YEARS, OCC.: BUSINESS,
R/O: GOKUL HOUSE ROAD, UGGINKERI,
P.O. UGGINKERI, TQ: KALAGHATAGI,
DIST: DHARWAD - 581204.
26. SRI SHANKARAGOUDA
S/O HANUMANTHAGOUDA PATIL,
AGE: 41 YEARS, OCC.: BUSINESS,
R/O: # 132, UGGINKERI,
P.O. UGGINKERI, TQ: KALAGHATAGI,
DIST: DHARWAD - 581204.
27. SRI ASHOK S/O MAHADEVAPPA GOKUL,
AGE: 61 YEARS, OCC.: BUSINESS,
R/O: GOKUL LANE, UGGINKERI,
P.O. UGGINKERI, TQ: KALAGHATAGI,
DIST: DHARWAD - 581204.
28. SRI GURUPAD S/O CHANNAPPA ULLAGADDI,
AGE: 55 YEARS, OCC.: BUSINESS,
R/O: SANNA ONI, UGGINKERI,
P.O. UGGINKERI, TQ: KALAGHATAGI,
DIST: DHARWAD - 581204.
29. SRI CHANNAPPA S/O IRAPPA BABAJI,
AGE: 71 YEARS, OCC.: BUSINESS,
R/O: GAMBYAPUR,
P.O. GAMBYAPUR, TQ: KALAGHATAGI,
DIST: DHARWAD - 580114.
30. SRI ASHOK S/O BASAVANTAPPA BABAJI,
AGE: 47 YEARS, OCC.: BUSINESS,
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R/O: AKKI PETH, 2ND CROSS, OLD HUBBALLI
HUBBALLI, DIST: DHARWAD - 580024.
31. SRI NAGAPPA S/O SANGAPPA BABAJI,
AGE: 74 YEARS, OCC.: BUSINESS,
R/O: GAMBYAPUR,
P.O. GAMBYAPUR, TQ: KALAGHATAGI,
DIST: DHARWAD - 580114.
32. SRI UMESH S/O CHANNAPPA KOTI,
AGE: 36 YEARS, OCC.: BUSINESS,
R/O: KOTIYAVAR STREET,
P.O. G. BASAVANAKOPPA, TQ: KALAGHATAGI,
DIST: DHARWAD - 580114.
33. SRI MANJUNATH S/O CHANNAPPA KOTI,
AGE: YEARS, OCC.: BUSINESS,
R/O: KOTIYAVAR STREET,
P.O. G. BASAVANAKOPPA, TQ: KALAGHATAGI,
DIST: DHARWAD - 580114.
34. SRI MALLIKARJUN S/O ISHWARAPPA PUJAR,
AGE: 36 YEARS, OCC.: BUSINESS,
R/O: JYOTI NIWAS, SHIVAGIRI,
DHARWAD - 580007.
35. SRI PARAMESHWAR S/O GURUAPPA SHIRKOL,
AGE: 62 YEARS, OCC.: BUSINESS,
R/O: BANI ONI, COEN ROAD,
HUBBALLI - 580020.
36. SRI SHANKARGOUDA S/O NEMANGOUDA PATIL,
AGE: 57 YEARS, OCC.: BUSINESS,
R/O: SHRI RENUKA KRUPA, GANGADHAR NAGAR,
SHEREWAD ROAD, NOOLVI, TQ: HUBBALLI
DIST: DHARWAD - 580028.
37. SRI SHIVANAND S/O SHIVARAYAPPA ULLAGADDI,
AGE: 56 YEARS, OCC.: BUSINESS,
R/O: SHEREWAD, TQ: HUBBALLI
DIST: DHARWAD - 580028.
38. SRI BEERANNA S/O SUBRAY GAONKAR,
AGE: 65 YEARS, OCC.: BUSINESS,
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R/O: PLOT NO. 159, SHRI LAXMI BUILDING,
SIDDARTHA COLONY, NEAR NEW BUS STAND,
DHARWAD - 580008.
39. SRI IRAPPA S/O DODDABASALINGAPPA GOKUL,
AGE: 78 YEARS, OCC.: BUSINESS,
R/O: UGINKERI, POST: UGINKERI
TQ: KALAGHATAGI,
DIST: DHARWAD - 581204.
40. SRI BASAYYA S/O CHANNABASAYYA HIREMATH,
AGE: 57 YEARS, OCC.: BUSINESS,
R/O: IRAGA GALLI, G. BASAVANAKOPPA
TQ: KALAGHATAGI
DIST: DHARWAD - 580114.
41. SRI MOHAN S/O VENKAPPA GIRADDI,
AGE: 67 YEARS, OCC.: BUSINESS,
R/O: #181, SIDDESHWAR PARK,
VIDYANAGAR, HUBBALLI,
DIST: DHARWAD - 580021.
42. SRI RAVI S/O BASAVARAJ KATTIMANI,
AGE: 37 YEARS, OCC.: BUSINESS,
R/O: 11/25, SIDDARODHA NAGAR, OLD HUBBALLI,
DIST: DHARWAD - 580024.
43. SRI TIPPANNA S/O YALLAPPA SOMANKOPPA,
AGE: 69 YEARS, OCC.: BUSINESS,
R/O: AT CHAVARGUDDA, POST: ANCHATEGERI,
TQ: HUBBALLI, DIST: DHARWAD - 580024.
44. SRI PARASHURAM S/O DURGAPPA MUDDI,
AGE: 43 YEARS, OCC.: BUSINESS,
R/O: # 20, JAGADISH NAGAR, HEGGERI,
OLD HUBBALLI, HUBBALLI, DIST: DHARWAD - 580024.
45. SRI BASAVENAPPA S/O TIPPANNA GOKUL,
AGE: 74 YEARS, OCC.: BUSINESS,
R/O: UGGINAKERI, POST: UGGINAKERI,
TQ: KALAGHATAGI, DIST: DHARWAD - 581204. 988
...PETITIONERS
(BY SRI. K.S. KORISHETTAR, ADVOCATE)
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WP No. 100775 of 2024
AND
1. STATE OF KARNATAKA,
BY ITS SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES,
VIDHANA SOUDHA, BENGALURU - 560001.
2. THE DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
NO. 49, KHANIJA BHAVAN,
RACE COURSE ROAD,
BENGALURU - 560001.
3. THE SENIOR GEOLOGIST,
DEPARTMENT OF MINES AND GEOLOGY,
'KHANIJA BHAVAN', KUMARESHWAR NAGAR,
YALLAKISHETTAR COLONY,
DHARWAD - 580004.
4. THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
MINI VIDHAN SOUDHA (D.C. OFFICE),
HUBBALLI ROAD, GADAG - 582103.
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF
CERTIORARI QUASHING THE CIRCULAR BEARING NO. GABHU/E-
CELL/2022-23 DATED 17/01/2023 ISSUED BY THE SECOND
RESPONDENT VIDE ANNEXURE-E AND QUASHING MEMO
BEARING NO. GABHU/E-CELL/2023-24 DATED 15/05/2023 VIDE
ANNEXURE-G.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
1. The petitioners are before this Court seeking for the following reliefs:
a) Issue Writ of Certiorari quashing the circular bearing no. GABHU/E-CELL/2022-23 dated 17/01/2023 issued by the Second Respondent Vide Annexure-E and quashing Memo bearing No. GABHU/E-CELL/2023-24 dated 15/05/2023 vide Annexure-G.
b) Pleased to pass any other Order or Directions as this Hon'ble Court feels deems fit under the circumstances of the case, in the interest of justice and equity.
2. The petitioners are stated to be involved in the business of quarrying and crushing of building stone and also owners of a few vehicles which are used for transportation of those minerals.
3. The respondents vide its order dated 13.04.2023, directed that all the vehicles transporting major and minor minerals should register in the One State One GPS (OSOG) system and in that background, on 17.04.2022, Department of Mines and Geology invited a tender for providing IT Enabled Solution including Mobile App for Tracking and Monitoring the -9- NC: 2024:KHC-D:2791 WP No. 100775 of 2024 vehicles used for major and minor minerals transportation, which was so developed and vide circular dated 17.01.2023, respondent No.2 reiterated that only such vehicles which are embedded with ARAI or ICAT Certified AIS-140 GPS would be enrolled into the OSOG system.
4. The petitioners are before this Court contending that;
4.1. If the AIS-140 GPS system is installed in their vehicles, the petitioners cannot use the said vehicle for any other purpose and can only be used for the purpose of transportation of mines and minerals.
4.2. Apart therefrom, it is submitted that the Central Government may issue a new law, which would cover the said aspect and as such, until then the State Government should not insist on implementation of the OSOG scheme.
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NC: 2024:KHC-D:2791 WP No. 100775 of 2024 4.3. Lastly, it is submitted that the installation of the GPS system would be too expensive and as such, cause a financial strain and reduce the income of the petitioners.
5. Learned AGA submits that;
5.1. There is no restriction as such for use of the vehicles for other purposes than transport of mines and minerals. The GPS system is introduced on account large scale evasion and illegal mining in the State, as regards which several complaints have been filed. The GPS system would only enable monitoring of the vehicle and the distance and locations to which the vehicle has traveled. The same would not in any manner cause any harm or injury to the petitioners, nor would it restrict the petitioners from using the said vehicles for any other purposes.
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NC: 2024:KHC-D:2791 WP No. 100775 of 2024 5.2. As regards cost, these GPS instruments cost around Rs.1000/- and the same cannot be said to be such a large amount as to cause financial strain or loss to the petitioners, who are using trucks, tractors etc., for such transport.
6. Having heard both the counsel, the short question that would arise in the present matter is, whether a GPS system introduced by the State to keep track of the vehicle movement so as to ascertain from where the minor minerals have been loaded and unloaded, is a laudable objective of the State, more so, since the environmental impact on account of illegal mining is quite huge.
7. The grievance of the petitioners insofar as cost is concerned, the GPS system only costing about Rs.1,000/- cannot be said to impact the petitioners adversely so as to cause financial strain.
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8. The other contention of learned counsel for the petitioners that the vehicle cannot be used for any other purpose is also answered by the submission made by learned AGA that there is no such restriction and when the vehicle is not used for transport of mines, minerals and loads, the vehicle could be used for any other purpose.
9. Such being the case, only because a transport vehicle's movement is monitored by a GPS system, it cannot be said that any right of the petitioners are violated.
10. As regards a proposed law to be introduced by the central government, no such proposal is placed on record, even assuming it to be true merely because there is a proposed law by the central government the state government's powers to make laws as regards mines and minerals which is a state subject cannot be curtailed.
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11. In that view of the matter, no ground being made out, the petition stand dismissed.
Sd/-
JUDGE gab Ct-mck List No.: 1 Sl No.: 26