Disposed

M/S Sree Shirdi Sai Aggregates v. the State of Karnataka

Karnataka HC15 Sept 2021WP/16478/2021

Case brief

AI extract

What is this about?

This writ petition challenged the suspension of mining operations. The Court, without addressing merits, directed the Respondent Senior Geologist to consider the petitioner's compliance representation and pass appropriate orders within 30 days.

What did the court decide?

The Respondent Senior Geologist was directed to consider the petitioner's representation and pass orders within 30 days.

M/S Sree Shirdi Sai Aggregates Vs the State… — Mining and Natural Resources | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.16478/2021 (GM-MM-S)

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BETWEEN:

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M/S SREE SHIRDI SAI AGGREGATES JONNALAKUNTE VILLAGE MANDIKAL HOBLI CHIKKABALLAPUR TQ CHIKKABALLPUR DIST 5641209. REPD. BY ITS PARTNER SRI G.S. NAGARAJ AGED ABOUT 53 YEARS S/O SUBBAIAH ...PETITIONER

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(BY SRI. PRAKASH B.S, ADV.)

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AND:

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1 . THE STATE OF KARNATAKA REP. BY ITS SECRETARY COMMERCE AND INDSUTRIES DEPARTMENT (MSME AND MINES), VIKASA SOUDHA BANGALORE 560001.

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2 . THE DIRECTOR / COMMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVANA, R.C. ROAD BANGALORE 560001.

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3 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY DEPUTY COMMISSIONER AND DISTRICT OFFICES COMPLEX

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SIDLAGHATTA ROAD CHIKKABALLAPURA 562 101.

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...RESPONDENTS

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(BY SRI. S.S. MAHENDRA, AGA FOR RESPONDENTS)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER, DIRECTION OR WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE 3^RD RESPONDENT TO CONSIDER FORTHWITH THE REPRESENTATION DATED 30.07.2021 PRODUCED ANNEXURE –E FOR REVOCATION OF THE SUSPENSION ORDER DATED:03.03.2021 ISSUED BY THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, CHIKKABALLAPURA BEARING NO.GABUEE/HIBUCHI/KAGAGU/2020-21-2834-2841 PRODUCED AT ANNEXURE –D AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

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ORDER

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Learned AGA accepts notice on behalf of the

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respondents.

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With the consent of learned counsel for the parties, the petition is heard and disposed of at the motion hearing stage itself.

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The petitioner before this Court has filed the present petition being aggrieved by the order dated 03.03.2021 issued by respondent No.3-Senior Geologist, Department of Mines and Geology, Chikkaballapura, suspending the mining operation in respect of the mineral in question.

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Learned counsel for the petitioner states before

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this Court that all the defects pointed out by the authorities have been rectified and a representation has been submitted informing the compliance on 30.07.2021. Hence, respondent No.3 be directed to pass appropriate orders in accordance with law.

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Learned AGA has fairly stated before this Court that the representation will be considered by the concerned authority in accordance with law within a period of 30 days from today.

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Resultantly, without adverting to the merits of the case, the respondent No.3- Senior Geologist, Department of Mines and Geology, Chikkaballapura, is directed to pass appropriate orders in accordance with law keeping in view the representation of the petitioner.

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With the aforesaid, the writ petition stands disposed of.

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Sd/ACTING CHIEF JUSTICE

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Sd/JUDGE

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M/S Sree Shirdi Sai Aggregates v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Sree Shirdi Sai Aggregates v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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