IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.7386 OF 2019 (GM-MM-S) BETWEEN M/s. Bharat Parikh and Co. A partnership firm having its Registered office at 27, Meghdoot, 95-B, Marine Drive, Mumbai – 400 002.
And branch office at No.703/179, Sri. Shankara Krupa, 4th Main, 5th Cross, Anjaneya Layout, Davanagere – 577 004.
Represented by its Power of Attorney Holder, Mr. Mukesh Gupta.
... PETITIONER AND (BY SRI. ARVIND KAMATH, SR. ADV. FOR SRI. BALA NIKIT, ADV.) 1. The State of Karnataka Represented by its Secretary Department of Commerce & Industries (Mines & MSME) Vidhana Soudha Bengaluru – 560 001.
2. The Deputy Commissioner Davangere Davangere – 577 005.
3. The Assistant Commissioner Davangere Taluk Davangere – 577 005.
4. The Tahsildar Jagalur Taluk Davangere – 577 005.
5. Sri. S.G. Sundaramurthy, Major, Son of Mr. Gonappa Resident of Gidappa Mane Halekalu Village Jagalur Taluk Davangere District.
... RESPONDENTS (BY SRI. A.S. PONNANNA, AAG ALONG WITH SRI. BHANUPRAKASH V.G., AGA FOR R.1 TO R.4.) *** THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R- 2, 3 AND 4 NOT TO INTERFERE WITH THE MINING ACTIVITIES OF THE PETITIONER IN TERMS OF THE MINING LEASE NO.2571, ON THE GROUND OF NON- AVAILABILITY OF NOC FROM THE REVENUE DEPARTMENT, ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, P.S.DINESH KUMAR, J., PASSED THE FOLLOWING:
ORDER Heard.
2. The grievance of petitioner is that, Revenue Inspector has registered FIR No.0022/2019 in Bilichodu Police Station on 01.03.2019 alleging commission of offence punishable under Section 379 of IPC on the premise that petitioner was illegally mining Manganese.
3. Shri. Arvind Kamath, learned Senior Advocate for the petitioner submits that the Revenue Officers do not have authority to file FIR. Under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Karnataka Minor Mineral Concession Rules, 1994, the officials of Mines and Geology Department are authorized to file complaint under Section 200 of Cr.P.C.
4. Shri. A.S.Ponnanna, learned Additional Advocate General, does not dispute this position of law.
5. In the circumstances, this petition merits consideration and it is accordingly allowed. All further proceedings pursuant to registration of FIR No.0022/2019 in Bilichodu Police Station, Davanagere, are quashed.
This order shall not preclude the Officers of the Mines and Geology Department from taking action, in accordance with law.
Sd/-
ACTING CHIEF JUSTICE Mgn/-
Sd/- JUDGE