Sri H.G. Rangangoud S/O Late H.R. ... vs Ministry Of Coal And Mines, Department ... on 14 August, 2007
However before any decision could be taken, the
Central Government issued notification dated 27th of
June, 2005 in exercise of the power under Section
17 A (1A) of the Act and reserved iron ore deposits
in the area in question for exploitation by State
Trading Corporation of India Limited, a public
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sector undertaking. In view of the aforesaid
reservation the Central Government returned the
proposal of the State Government to grant mining
lease to the appellant by its letter dated 21st of
July, 2005. Aggrieved by the aforesaid
notification appellant preferred WP No. 19339 of
2005 (H.G. Rangangoud v. Minister of Coal & Mines,
represented by the Secretary & Ors.) before the
Karnataka High Court, inter alia praying for
quashing the notification reserving the iron ore
deposits in favour of the State Trading Corporation
of India Limited. The writ petition filed by the
appellant was heard along with another writ
petition filed by Salgaocar Mining Industries
Private Limited and the learned Single Judge by its
judgment and order dated 14th of August, 2007
quashed the aforesaid notification dated 27th of
June, 2005. Armed with the order of the High
Court, appellant represented to the State
Government to consider his application for grant of
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mining lease by its representation dated 18th of
September, 2007. After one day of filing of the
representation i.e. on 20th of September, 2007 the
State Trading Corporation, aggrieved by the order
of the learned Single Judge preferred appeal before
the High Court. Said appeal was posted for
consideration on 3rd of October, 2007 and the
Division Bench of the High Court taking into
consideration the `enormity' of the case and
finding that all the parties have been served and
represented, directed for its final disposal on 11th
of October, 2007. However, no interim order was
passed. As directed, the matter was heard and
reserved for judgment but before the judgment could
be pronounced the State Trading Corporation, the
appellant before the High Court, brought to its
notice that "when the matter was in the hearing
process, Government of Karnataka has sent a
communication to the Union of India for mining
lease in favour of the writ petitioners". The
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Division Bench of the High Court, when informed
about the aforesaid fact "called upon the
Government Advocate to explain this situation".