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