IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND 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 REVIEW PETITION NO.146 OF 2018 IN WRIT PETITION NO.63756 OF 2016 (GM-MM-S) BETWEEN:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES (MSME. MINES AND TEXTILE) VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU – 560 001.
2. THE COMMISSIONER AND DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001.
... PETITIONERS (BY SRI VASANTH V. FERNANDES, HCGP) AND:
M/S. BHARATH MINING AND ENGINEERING COMPANY REGD. FIRM POST BOX NO.47 NEXT TO ELECTRIC GRID KARWAR ROAD, HUBLI – 580 024 REPRESENTED BY ITS GPA HOLDER SHRI S.A. BADAWADAGI ... RESPONDENT (BY SRI D.L.N. RAO, SENIOR ADVOCATE FOR SRI ANIRUDH ANAND, ADVOCATE) ---
THIS REVIEW PETITION IS FILED UNDER ORDER XLVII RULE 1 R/W SECTION 114 OF CPC READ WITH ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE REVIEW PETITION AND REVIEW THE ORDER DATED 06.01.2017 PASSED IN WRIT PETITION NO.63756/2016 (GM-MM-S) BY ALLOWING THIS REVIEW PETITION AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER This review petition is filed by the State Government seeking review of order dated 06.01.2017 passed by this Court in W.P.No.63756/2016, whereby respondents in the writ petition were directed to issue transport permits subject to payment of royalties.
2. Learned HCGP for review petitioners submits that 191 granite blocks belonging to the respondent were seized by the Lokayuktha Police. This Review petition is filed to seek a clarification that the respondent shall not make use of the license QL No.731 to transport the seized granite blocks.
3. We have heard learned counsel for the parties and gone through the order passed by this Court.
4. The sum and substance of the order is that the quarrying license (QL No.731) granted to the respondent who is a lessee under the pattedar of the land be extended for a period of 20 years upto 24.11.2021.
5. When the respondent is entitled for extension of quarrying license, the State Government is required to issue Mineral Dispatch Permits as and when it is sought by the lessee/Company in respect of QL No.731. The apprehension of the State is that the respondent may transport seized mineral blocks by obtaining mineral dispatch permits on the basis of impugned order. It is submitted that the seized granite blocks are subject matter of criminal proceedings in F.I.R. No.32/2014. Accordingly, it is clarified that State may verify and issue Mineral Dispatch permits to transport granite blocks extracted as per QL No.731. The impugned order in the writ petition shall not affect the proceedings before the learned Magistrate in the criminal case in any manner.
Review petition is accordingly disposed of.
In view of disposal of the petition, I.A.No.2/2018 does not survive for consideration and it is also disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca