IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.1778/2007 IN WRIT PETITION NOS.19339/2005 AND 20739/2005 C/W WRIT APPEAL NOS.1780/2007 & 1781/2007 AND WRIT PETITION NOS.5600/2006 & 17622/2007 IN W.A.NO.1778/2007 IN W.P.NOS.19339/2005 AND 20739/2005 BETWEEN:
M/S. STATE TRADING CORPORATION OF INDIA LTD.
CHANDRAKIRAN, 2ND FLOOR NO.10/A, KASTURBA ROAD BANGALORE – 560 001 BY MR.G.D.PUSHPARAJ BRANCH MANAGER (BY SRI C.M.DESAI, ADVOCATE) AND:
1. MINISTRY OF COAL AND MINES DEPARTMENT OF MINES GOVERNMENT OF INDIA ... APPELLANT COMMON SHASTRY BHAVAN NEW DELHI REP. BY ITS SECRETARY 2. DEPARTMENT OF COMMERCE AND INDUSTRIES GOVERNMENT OF KARNATAKA BANGALORE REP. HEREIN BY THE SECRETARY MINES, SSI & TEXTILES 3. DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN D.DEVARAJ URS ROAD BANGALORE – 560 001 REPRESENTED BY ITS DIRECTOR 4. DEPARTMENT OF INDUSTRIES AND COMMERCE GOVERNMENT OF KARNATAKA BANGALORE BY THE UNDER SECRETARY (MINES) 5. SRI.H.G.RANGANGOUD S/O LATE H.R.GAVIAPPA AGED ABOUT 65 YEARS NEHRU CO-OPERATIVE COLONY HOSPET, BELLARY DISTRICT 6. B.G.ESHWARAPPA S/O HANUMANTHAPPA AGED ABOUT 62 YEARS R/O NO.157/4 M.J.NAGAR, 1ST MAIN HOSPET, BELLARY DIST.
7. M/S. MUKUND LTD.
HAVING ITS REGD. OFFICE AT BAJAJ BHAVAN JAMNALAL BAJAJ MARG 226, NARIMAN POINT MUMBAI – 400 021 REP. BY ITS GPA HOLDER MR.M.V.BADAGADI 8. M/S. KALYANI STEELS LTD. (HOSPET DIVISION) HOSPET ROAD GINIGERI – 583 228 KOPPAL DISTRICT & TALUK REP. BY ITS MANAGER SUNIL KUMAR PAWAR 9. M/S. JSW STEELS LTD. EARLIER CALLED AS M/S.JINDAL VIJAYANAGAR STEEL LTD. P.O.VIDYANAGAR – 583 275 TORANAGATTI VILLAGE BELLARY DIST.
REP. BY ITS VICE PRESIDENT P.KRISHNEGOWDA ... RESPONDENTS IN W.P.No.19339/2005 (SRI C.SHASHIKANTHA, ASG FOR RESPONDENT NO.1 SRI.V.G.BHANUPRAKASH, AGA FOR RESPONDENT NOS.2 TO4 SMT.ANUPARNA BORLOLAI, ADVOCATE FOR RESPONDENT NO.5 SRI:S.M.BABU & M.SRINIVAS KUMAR, ADVOCATES FOR RESPONDENT NO.6 SMT.S.R.ANURADHA, ADVOCATE FOR RESPONDENT NOS.7 TO 9 M/S.BASAVA PRABHU S.PATIL & ASSOCIATES, ADVOCATES FOR CROSS OBJECTOR) 1. UNION OF INDIA MINISTRY OF COAL AND MINES DEPARTMENT OF MINES SHASTRY BHAVAN, NEW DELHI REP. BY THE SECRETARY TO THE GOVERNMENT OF INDIA 2. STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES GOVERNMENT OF KARNATAKA BANGALORE REP. HEREIN BY THE SECRETARY MINES, SSI & TEXTILES 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY GOVERNMENT OF KARNATAKA KHANIJA BHAVAN D.DEVARAJ URS ROAD BANGALORE – 560 001 4. THE UNDER SECRETARY (MINES) DEPARTMENT OF INDUSTRIES AND COMMERCE GOVERNMENT OF KARNATAKA BANGALORE 5. M/S. SALGAOCAR MINING INDUSTRIES PVT. LTD. HAVING ITS REGD. OFFICE AT SALGAOCAR CHAMBERS P.O.BOX NO.114, MARGAO GOA – 403 601 BY ITS MANAGING DIRECTOR ANIL V. SALGAOCAR ... RESPONDENTS IN W.P.No.20739/2005 (SRI C.SHASHIKANTHA, ASG FOR RESPONDENT NO.1 SRI.V.G.BHANUPRAKASH, AGA FOR RESPONDENT NOS.2 TO 4) ---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.19339/2005 AND 20739/2005 DATED 14.08.2007.
IN W.A.NO.1780/2007 BETWEEN:
UNION OF INDIA MINISTRY OF COAL AND MINES DEPARTMENT OF MINES SHASTRY BHAWAN NEW DELHI – 110 001 REPRESENTED HEREIN BY THE SECRETARY TO GOVERNMENT OF INDIA (BY SRI C.SHASHIKANTHA, ASG) ... APPELLANT AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES GOVERNMENT OF KARNATAKA BANGALORE REPRESENTED HEREIN BY THE SECRETARY (MINES, SSI & TEXTILES) 2. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY GOVERNMENT OF KARNATAKA KHANIJA BHAVAN D.DEVARAJ URS ROAD BANGALORE – 560 001 3. THE SECRETARY (MINES, SSI & TEXTILES) DEPARTMENT OF INDUSTRIES AND COMMERCE GOVERNMENT OF KARNATAKA BANGALORE 4. THE STATE TRADING CORPORATION LTD. CHANDRAKIRAN, 2ND FLOOR, 10/A KASTURBA ROAD BANGALORE – 560 001 REPRESENTED BY MANAGING DIRECTOR 5. H.G.RANGANGOUD NEHRU CO-OPERATIVE COLONY HOSPET, BELLARY DIST.
... RESPONDENTS (SRI V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3 SRI.C.M.DESAI, ADVOCATE FOR RESPONDENT NO.4 SMT.ANUPARNA BORDOLAI, ADVOCATE FOR RESPONDENT NO.5) ---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.19339/2005 DATED 14.08.2007.
IN W.A.NO.1781/2007 BETWEEN:
UNION OF INDIA MINISTRY OF COAL AND MINES DEPARTMENT OF MINES SHASTRY BHAWAN NEW DELHI – 110 001 REPRESENTED HEREIN BY THE SECRETARY TO GOVERNMENT OF INDIA (BY SRI C.SHASHIKANTHA, ASG) ... APPELLANT AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES GOVERNMENT OF KARNATAKA BANGALORE REPRESENTED HEREIN BY THE SECRETARY (MINES, SSI & TEXTILES) 2. THE DIRECTOR DEPARTMENT OF MINES & GEOLOGY GOVERNMENT OF KARNATAKA KHANIJA BHAVAN D.DEVARAJ URS ROAD BANGALORE – 560 001 3. THE UNDER SECRETARY (MINES) DEPARTMENT OF INDUSTRIES AND COMMERCE GOVERNMENT OF KARNATAKA BANGALORE 4. THE STATE TRADING CORPORATION LTD. CHANDRAKIRAN, 2ND FLOOR, 10/A KASTURBA ROAD BANGALORE – 560 001 REPRESENTED BY MANAGING DIRECTOR 5. M/S.SALGAOCAR MINING INDUSTRIES PVT. LTD. HAVING ITS REGISTERED OFFICE AT SALGAOCAR CHAMBERS P.O.BOX NO.114 MARGAON, GOA – 403 601 (REPRESENTED BY ITS MANAGING DIRECTOR ANIL V. SALGAOCAR) ... RESPONDENTS (SRI V.G.BHANUPRAKASH, AGA FOR RESPONDENT NOS.1 TO 3 SRI.C.M.DESAI, ADVOCATE FOR RESPONDENT NO.4 M/S. BASAVAPRABHU S. PATIL ASSTS., ADVOCATES FOR RESPONDENT NO.5) ---
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NO.20739/2005 DATED 14.08.2007.
IN W.P.NO.5600/2006 BETWEEN:
M/S. KALYANI STEELS LIMITED (HOSPET DIVISION) HOSPET ROAD GINIGERA – 583 228 KOPPAL TALUK & DISTRICT REPRESENTED BY ITS DIRECTOR SRI SHIVKUMAR KHENY S/O MAHARUDRAPPA KHENY AGED ABOUT 56 YEARS RESIDENT OF BANGALORE (BY SMT.S.R.ANURADHA, ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES M.S.BUILDINGS DR.AMBEDKAR ROAD BANGALORE – 560 001 2. THE DIRECTOR OF MINES & GEOLOGY DEPARTMENT OF MINES AND GEOLOGY 5TH FLOOR, KANIJA BHAVAN RACE COURSE ROAD BANGALORE – 560 001 3. GOVERNMENT OF INDIA REP. BY SECRETARY MINISTRY OF COAL AND MINES DEPARTMENT OF MINES SHASTRI BHAVAN NEW DELHI – 110 001 4. M/S. SALGAOCAR MINING INDUSTRIES PVT. LTD. REP. BY ITS MANAGING DIRECTOR SALAGAOCAR HOUSE PARIGIM, GOA – 403 601 5. STATE TRADING CORPORATION OF INDIA LTD. JAWAHAR VYAPAR BHAVAN TOLSTOY MARG NEW DELHI REP. BY ITS DIRECTOR CHIEF MARKETING MANAGER ... RESPONDENTS (SRI VIKRAM HUILGOL, HCGP FOR RESPONDENT NOS.1 AND 2 SRI.C.SHASHIKANTHA, ASG FOR RESPONDENT NO.3 SRI.C.M.DESAI, ADVOCATE FOR RESPONDENT NO.5 RESPONDENT NO.4 – SERVED BUT UNREPRESENTED) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE STATE GOVERNMENT LETTER / COMMUNICATION DATED 09.02.2004 (ANNEXURE-H) TO THE CENTRAL GOVERNMENT SEEKING APPROVAL UNDER SECTION 5(1) OF M.M.R.D. ACT AND ETC.
IN W.P.NO.17622/2007 BETWEEN:
M/S. JSW STEELS LIMITED EARLIER CALLED AS M/S. JINDAL VIJAYANAGAR STEEL LTD. P.O.VIDYANAGAR – 583 275 TORANAGALLU VILLAGE BELLARY DISTRICT REPRESENTED BY ITS VICE PRESIDENT P.KRISHNE GOWDA (BY SMT.S.R.ANURADHA, ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF INDUSTRIES & COMMERCE M.S.BUILDING BANGALORE – 560 001 2. DIRECTOR OF MINES & GEOLOGY DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BANGALORE – 560 001 3. UNION OF INDIA BY ITS SECRETARY DEPARTMENT OF STEEL & MINES SHASTRI BHAVAN NEW DELHI 4. M/S. SALGAOCAR MINING INDUSTRIES PVT. LTD. REP. BY ITS MANAGING DIRECTOR SALAGAOCAR HOUSE PARIGIM GOA – 403 601 5. H.G.RANGANA GOWDA S/O LATE H.R.GIRIYAPPA NEHRU CO-OPERATIVE COLONY HOSPET, BELLARY 6. STATE TRADING CORPORATION OF INDIA LTD.
JAWAHAR VYAPAR BHAVAN TOLSTOY MARG NEW DELHI REP. BY ITS DIRECTOR / CHIEF MARKETING MANAGER ... RESPONDENTS (SRI VIKRAM HUILGOL, HCGP FOR RESPONDENT NOS.1 AND 2 SRI.C.SHASHIKANTHA, ASG FOR RESPONDENT NO.3 M/S.BASAVA PRABHU S.PATIL A/S. ADVOCATES FOR RESPONDENT NO.4 SMT.ANUPARNA BORDOLAI, ADVOCATE FOR RESPONDENT NO.5 SRI.C.M.DESAI, ADVOCATE FOR RESPONDENT NO.6) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE STATE GOVT. LETTER / COMMUNICATION DATED 09.02.2004 (ANNEXURE-F) TO THE CENTRAL GOVT. SEEKING APPROVAL UNDER SECTION 5(1) OF M.M.R.D. ACT AND ETC.
THESE APPEALS AND PETITIONS COMING ON FOR FINAL HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Learned advocates for the parties submit that these appeals and petitions have become infructuous.
Submission is placed on record.
The writ appeals and writ petitions stand disposed of as having become infructuous.
In view of disposal of these appeals and petitions, all pending interlocutory applications do not survive for consideration and they are also disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB