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Karnataka High Court

Mspl Limited vs State Of Karnataka on 2 August, 2022

Author: Alok Aradhe

Bench: Alok Aradhe

                           1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 2ND DAY OF AUGUST 2022

                       PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                         AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

           W.P. NO.14795 OF 2022 (GM-MM-S)

BETWEEN:

1.    MSPL LIMITED
      A COMPANY WITHIN THE MEANING
      OF COMAPNIES ACT 2013
      HAVING ITS REGISTERED OFFICE
      AT BALDOTA ENCLAVE
      ABHERAJ BALDOTA ROAD
      HOSAPETE 583203
      REP. BY ITS AUTHORISED SIGNATORY
      MR. K.A.V. PRASAD
      (VICE PRESIDENT LEGAL).

2.    MR. RAHULKUMAR N. BALDOOTA
      S/O NARENDRAKUMAR A. BALDOTA
      AGED 54 YEARS
      HAVING OFFICE AT BALDOTA ENCALVE
      ABHERAJ BALDOTA ROAD
      HOSAPETE 583203.

                                         ... PETITIONERS

(BY MR. K.G. RAGHAVAN, SR. COUNSEL FOR
    MR. ADITYA NARAYAN, ADV.,)
                            2



AND:

1.     STATE OF KARNATAKA
       COMMERCE AND INDUSTIRES DEPARTMENT
       (MSME AND MINES) KARNATAKA
       GOVERNMENT SECRETARIAT
       VIKASA SOUDHA
       BANGALORE 560001
       REP. BY ITS PRINCIPAL SECRETARY.

2.     UNION OF INDIA
       MINISTRY OF ENVIRONMENT
       FOREST AND CLAIMATE CHANGE
       REGIONAL OFFICE (SOUTH ZONE)
       KENDRIYA SADAN, 4TH LFOOR
       E AND F WINGS, 17TH MAIN ROAD
       KORAMNGALA II BLOCK
       BANGLAORE 560034

       ALSO AT:

       INDIRA PARAYAN BHAWAN
       JOR BAGH ROAD, LODI ROAD
       NEW DELHI 110003
       REP. BY ITS SECRETARY.

3.     STATE OF KARNATAKA
       FOREST, ECOLOGY AND ENVIRONMENT
       DEPARTMENT
       KARNATAKA GOVERNMENT SECRETARIAT
       ROOM NO 448, 4TH FLOOR
       GATE 2, M S BUILDING
       BENGALURU 560001
       REP. BY PRINCIPAL SECRETARY (FORESTS).

                                     ... RESPONDENTS
(BY MR. S.S. MAHENDRA, AGA FOR R1 & R3
    MR. B.M. KUSHALAPPA, CGC FOR R2)
                          ---
                               3



     THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO A WRIT OF
CERTIORARI QUASHING THE IMPUGNED COMMUNICATION
DATED 13/06/2022 STYLED AS SHOW CAUSE NOTICE
BEARING NUMBER NO.CI 120 MMM 2021 (ANNEXURE-A)
ISSUED BY RESPONDENT NO.1.           A WRIT OF MANDAMUS
DIRECTING    THE    RESPONDENT          NO.1   TO   FORTHWITH
EXTEND THE TERM OF THE LETTER OF INTENT UNTIL THE
ISSUANCE/TRANSFER OF FOREST CLEARANCE IN FAVOUR
OF THE PETITIONER NO.1.             A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS TO PERFORM ALL ACTIONS
REQUIRED     TO    TRANSFER       AND    VEST   THE    FOREST
CLEARANCE IN RESPECT OF THE MINING LEASE OVER AN
AREA OF 60.66 HECTARES IN DHARMAPURA VILLAGE,
SANDUR TALUKA, BALLARI DISTRICT (HG RANGANAGOUDA
MINE ERSTWHILE ML NO.2148) IN RESPECT OF WHICH THE
PETITIONER   NO.1    HAS     BEEN   DECLARED        SUCCESFUL
BIDDER     VIDE     LETTER     NO.DMG-17012/8/2018/2019-
20/5843 DATED 23/12/2019 FORTHWITH (ANNEXURE-J) OR
IN THE ALTERNATIVE & ETC.


     THIS W.P. COMING ON FOR ORDERS, THIS DAY,
ACTING CHIEF JUSTICE MADE THE FOLLOWING:


                           ORDER

For the reasons assigned by us in the order passed today in W.P. No.14760/2022, this petition 4 also stands disposed of in the same terms and with similar directions.

Accordingly, the petition is disposed of.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE SS