IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.53709/2017 (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 POA, MR.MUKESH GUPTA ...PETITIONER (BY SRI D.L.N.RAO, SENIOR COUNSEL FOR SRI K.ARAVIND KAMATH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE & INDUSTRIES (MINES & MSME), VIDHANA SOUDHA BENGALURU-560 001 2. THE DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, BENGALURU-560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY DAVANAGERE, NO.1948/1 VIDYANAGAR DAVANAGERE-577 005 …RESPONDENTS (BY SRI A.S.PONANNA, ADDL. ADVOCATE GENERAL FOR SRI V.G.BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.2 AND 3 TO CONSIDER GRANT MINERAL DISPATCH RELEASE ORDERS TO THE PETITIONER WITHIN THREE WORKING DAYS FROM THE DATE OF APPLICATION AS PER RULE 3, CHAPTER II OF THE NOTIFICATION DATED 01.04.2011 ISSUED BY THE COMMERCE AND INDUSTRIES SECRETARIAT [ANNEXURE-W] BY ISSUING A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING-‘B’ GROUP, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. We have heard Sri D.L.N.Rao, learned Senior Counsel appearing for the petitioner and Sri A.S.Ponnanna, learned Additional Advocate General appearing for the respondents.
2. The learned Additional Advocate General fairly submits that the endorsement dated 12.12.2017 bearing No.UÀ¨sÀÆE/»¨sÀÆ«/zÁªÀtUÉgÉ/UÀ.UÀÄ/».¥À/2017-18/3288-89 is violative of the principles of natural justice as it was not preceded by an opportunity of hearing to the petitioner. Hence, it is liable to be set aside.
3. We accept the fair submission made by the learned Additional Advocate General. Accordingly, we set aside the aforesaid endorsement dated 12.12.2017 bearing No.UÀ¨sÀÆE/»¨sÀÆ«/zÁªÀtUÉgÉ/UÀ.UÀÄ/».¥À/2017-18/3288-89.
4. Sri D.L.N.Rao, learned Senior Counsel submits that the petitioner may be given liberty to file a fresh application to respondent No.3 for issue of mineral dispatch permit. Liberty granted.
5. Learned Additional Advocate General fairly submits that the advance royalty paid on the previous application will be appropriated to the application that will be filed now by the petitioner. His submission is placed on record.
6. If the petitioner files a fresh application online for issue of mineral dispatch permit, respondent No.3 shall consider the same in accordance with law. The writ petition is accordingly disposed of. In view of disposal of the writ petition, I.A.No.1/2017 does not survive for consideration; it stands disposed of accordingly.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Yn.
Sd/- JUDGE