IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 6TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.54392 OF 2017 (GM-MM-S) BETWEEN:
RVCPL-RIDL-JOINT VENTURE ENGINEERS AND CONTRACTORS, REPRESENTED BY K. VENKATESHWARA RAO, SON OF GOPALKRISHNA RAO, AGED ABOUT 51 YEARS, CLASSIC COURT, II FLOOR, 9/1, RICHMOND ROAD, BENGALURU-560 025.
...PETITIONER (BY SRI DAYANANDA K. HEGDE, ADVOCATE FOR SRI R.G. KOLLE, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
2 . THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001.
3 . THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4 . THE SENIOR GEOLOGIST AND COMPETENT AUTHORITY DEPARTMENT OF MINES AND GEOLOGY, D C OFFICE COMPOUND, DHARWAD-580 001.
5 . THE CHIEF PROJECT OFFICER PROJECT IMPLEMENTATION UNIT, KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT, PWD ANNEX BUILDING, K.R. CIRCLE, BENGALURU-560 001.
…RESPONDENTS (BY SRI BHANUPRAKASH V.G., ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION DIRECTING TO QUASH OR SET ASIDE THE ORDER DATED 15.11.2017 ISSUED BY 4TH RESPONDENT SENIOR GEOLOGIST, DEMANDING RS,67,44,136/- BEING THE ARREARS OF ROYALTY, PENALTY ETC., REFUSING TO ADJUST THE SAME FROM THE AMOUNT OF ROYALTY DEDUCTED FROM RUNNING ACCOUNT BILLS SUBMITTED BY THIS PETITIONER TO 5TH RESPONDENT KSHIP, FOR NOT HAVING OBTAINED MINERAL DISPATCH PERMITS AS PER RULE 42 AND FOR NOT HAVING FILED QUARTERLY/ANNUAL RETURNS IN FORM Q AND Y WITHIN PRESCRIBED TIME LIMIT, AS PER RULE 18 (10), WHICH CAME TO BE INSERTED EFFECTIVE FROM 12.08.2016, IN RESPECT OF A QUARRY LICENSE AT QL NO.846 TO EXTRACT ORDINARY BUILDING STONES, OVER AN AREA OF 01.20 ACRE IN PRIVATE PATTA LAND BEARING SY.NO.132/2 OF CHANDANAMATTI VILLAGE, DHARWAD TALUKA PRODUCED AT ANNEXURE-A; AND ETC.
***** THIS WRIT PETITION COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER None appears for the petitioner nor any representation is made, even though the matter was called on two occasions. It is apparent that the petitioner is not interested in prosecuting the matter. Hence, this Writ Petition is dismissed.
Sd/- JUDGE Sd/- JUDGE Rsk/-