IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION No.3684 OF 2019 BETWEEN Sri. C.V.Ramappa, S/o. Late Venkatappa, Aged about 55 years, R/at K.B.Hosahalli Village, Narasapura Hobli, Kolar Taluk & District, Pin-563133.
(By Sri. A.G.Nagaraja, Advocate) AND The State of Karnataka Senior Genealogist Mines & Genealogical Department Kolar, Office Situated Kolar District Court complex Kolar District-563101.
Rep, by State Public Prosecutor, High Court Karnataka, Bengaluru-560001.
(By Smt. K.P.Yashodha, HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 482 Cr.P.C. Praying to quash the proceedings initiated by the I Additional Civil Judge and J.M.F.C., Kolar in C.C.No.756/2018 for the offence punishable under Sections 4, 4(1A), 21, 22 of Mines and Minerals Development and Regulation Act, 1957 and Rule 3, 42, 43, 44 of Karnataka Mines Mineral Concession Rules, 1994.
This Criminal Petition coming on for admission this day, the court made the following:
ORDER In the instant petition, the petitioner has questioned the validity of the proceedings in C.C.No.756/2018 for the offence punishable under Sections 4, 4(1A), 21, 22 of Mines and Minerals Development and Regulation Act, 1957 read with Rule 3, 3(A), 42, 43, 44 of Karnataka Mines Mineral Concession Rules, 1994.
2. State counsel accepts notice for respondent.
3. That one Mr. M.K.Viswanath, officer of the Mines and Geology Department, Kolar, was in receipt of complaint that sand is being extracted illegally from the government Gomal land (village forest) in Sy.No.136 from honge lake, K.B.Hosahalli village Survey number 155 and the sand is being shifted to Shanthala Constructions Pvt. Ltd., Plot No.287 (KIADB). In order to stall such illegal activities, villagers have given a complaint to the officer. Pursuant to such complaint, officer proceeded to initiate proceedings by inspecting the spot and drawn certain mahazar to what extent sand has been extracted. Consequently complaint has been registered.
4. Learned counsel for the petitioner submitted that no vehicle has been seized, that apart the action by the officer from the Mines and Geology department is pursuant to the complaint, consequently the proceedings lodged by the officer of the government department is impermissible.
5. Heard the learned counsel for the petitioner.
6. There is no mandatory provision that vehicle is required to be seized. Based on the villagers’ complaint, the officer of the department proceeded to inspect the spot and drawn mahazar as to what extent the sand has been extracted. Consequently, he has proceeded to initiate the proceedings. The petitioner has not madeout case so as to interfere with C.C.No.756/2018. Accordingly petition stands dismissed.
In view of dismissal of main petition, IA No.1/2019 do not survive for consideration. Accordingly, IA No.1/2019 stands disposed off.
Sd/- JUDGE kmv