IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NOS.14889-14891 / 2019 (GM-MM-S) BETWEEN:
1. NARASIMHA S/O YELLAPPA SAKA AGE – 46 YEARS OCC-BUSINESS ADDRESS- UNIQUE STONE GRANITES AT-KUKANOOR – 583 232 TALUK – YELBURGA DISTRICT – KOPPAL 2. VISHWANATH S/O YELLAPPA SAKA AGE – 39 YEARS OCC-BUSINESS ADDRESS- BHOOMI STONE GRANITES AT – BENAKAL – 583 232 TALUK – KUKANOOR DISTRICT – KOPPAL 3. MAHESH S/O NEMANNA MELASAKRI AGE – 26 YEARS OCC-BUSINESS ADDRESS- MIGHTY STONE GRANITES AT – KALLUR – 583 236 TALUK – YELBURGA DISTRICT – KOPPAL ... PETITIONERS (BY SHRI SHIVAPRASAD B SAJJAN, ADVOCATE [ABSENT]) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA DR. AMBEDKAR VEEDHI AT – BENGALURU – 560 001 2. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAWAN RACE COURSE ROAD AT – BENGALURU – 560 001 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY D.C. OFFICE COMPLEX AT – KOPPAL – 583 231 .... RESPONDENTS (BY SHRI BHANUPRAKASH V.G., AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO LEVY IN RESPECT OF THE PETITIONERS, WHOSE ‘GREY GRANITE’ QUARRIES ARE SITUATED WITHIN KOPPAL DISTRICT, ‘ROYALTY’ AT THE RATE OF RS.1,050/M3 IN ACCORDANCE WITH AND AS PRESCRIBED U/CLAUSE-(ii) TO ‘(C) GREY AND WHITE GRANITES AND THEIR VARIETIES’ OF SCHEDULE-II, K.M.M.C. RULES AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDER THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER None appears for the petitioners.
2. The petitioners are seeking a writ of mandamus.
However, before filing the writ petitions, the petitioners have not approached the concerned Authority by making a representation setting out their grievances. Hence, in view of the law laid down by the Apex Court in the case of Saraswati Industrial Syndicate Ltd., vs. Union of India1, we decline to entertain these petitions under the Article 226 of the Constitution of India.
3. Accordingly, the petitions are disposed of.
4. However, this order will not prevent the petitioners from making an appropriate representation by setting out their 1 (1974) 2 SCC 630 grievances. If such representation is made, the same shall be decided in accordance with law.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN