Karnataka High Court
M/S Kumaraswamy Mineral Exports Pvt Ltd vs State Of Karnataka on 13 July, 2012
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 13TH DAY OF JULY 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.23465 OF 2012(GM-MM-S)
BETWEEN
M/S.KUMARASWAMY MINERAL
EXPORTS PVT. LTD., (EARLIER CALLED AS
M/S.KUMARASWAMY MINERAL EXPORTS)
NO.24, II LINK, PARVATHI NAGAR,
BELLARY-583 102,
REP BY ITS GENERAL MANAGER,
MR. S P VIJAYKUMAR.
... PETITIONER
(BY SRI D.L.N.RAO, SENIOR COUNSEL A/W
SMT. S.R.ANURADHA, ADV.,)
AND
1. STATE OF KARNATAKA,
BY SECRETARY,
DEPARTMENT OF INDUSTRIES
& COMMERCE, M S BUILDING,
BANGALORE - 1.
2. DIRECTOR OF MINES AND GEOLOGY,
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, RACE COURSE ROAD,
BANGALORE - 1.
3. STATE OF KARNATAKA,
BY SECRETARY,
DEPARTMENT OF FORESTS
2
& ENVIRONMENT, M S BUILDING,
BANGALORE - 1.
... RESPONDENTS
(BY SRI R.G.KOLLE, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 20.6.2012 PASSED BY THE 2ND
RESPONDENT VIDE ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:
ORDER
Vikramajit Sen, CJ (Oral) This Petition assails the order dated 20.06.2012 passed by the Director of Mines and Geology, Bangalore. The Petitioner had previously approached this Court in Writ Petition No.3476/2012 and it had been directed on 16.02.2012 that the renewal Application dated 07.04.2010 which was then pending should be decided within two months. Obviously, keeping the order of the Division Bench in perspective, a hurried decision has been taken in the impugned order dated 20.06.2012 inasmuch as the said Officer has firstly observed that he does not have jurisdiction for disposal of Applications with respect to forest areas. That position seems to be correct. However, what was not permissible thereafter was for the said Officer 3 to recommend the rejection of the renewal Application. In these circumstances, the Writ Petition is allowed. The impugned order is set aside. The State Government is directed to pass appropriate orders on the said renewal Application dated 07.04.2010 with expedition.
2. Mr.R.G.Kolle, learned AGA mentions that the matter is sub judice before the Hon'ble Supreme Court. That fact is noted.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv