This judgment disposed of a 2010 writ petition seeking quashing of mining proceedings after noting a significant delay since filing. The court granted a liberty to file a fresh petition if necessary.
The petition was disposed of with liberty to file a fresh writ petition in future if need arises; pending interlocutory applications disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2021
PRESENT
THE HON'BLE MR.SATISH CHANDRA SHARMA ACTING CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.22058 OF 2010 (GM-MM-S)
BETWEEN:
M/S. S.N.G. EXPORTERS NO.179, II FLOOR, 6TH CROSS 4TH MAIN, CHAMARAJAPET BENGALURU - 560 018. REP: BY ITS MANAGING PARTNER SRI S. NIJALINGE GOWDA
....PETITIONER
(BY SRI. SUNIL.K.N., ADVOCATE FOR SRI. R.S.RAVI., ADVOCATE))
AND:
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NO.49, KHANIJA BHAVANA, RACE COURSE ROAD
BENGALURU - 560 001.
….RESPONDENTS
(BY SRI S.S.MAHENDRA., AGA FOR R1 & R2 MS. SAKSHI M.KRISHNA, ADVOCATE FOR SRI R. SUBRAMANYA., ADVOCATE FOR R-3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS OF THE RULE 11 COMMITTEE UNDER KMMC RULES DT: 22.04.2010, IN ITS 68TH MEETING VIDE AGENDA 132 IN SO FAR AS RECOMMENDING THE APPLICATION OF THE R-3 FOR GRANT OF QUARRY LEASE IN RESPECT OF SY NO. 60, MEASURING 10 ACRES OF HANDANAHALLI VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT, VIDE DT: 15.07.1994, VIDE ANN-J ISSUED BY THE R-1 AND ETC.
THIS PETITION COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
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ORDER
The present petition is of the year 2010 and we are in 2021.
Learned counsel has fairly stated before this Court that the present petition be disposed of with a liberty to file a fresh writ petition in case need so arises in future.
The petition stands disposed of with the aforesaid liberty. The pending interlocutory applications, if any, stand
disposed of.
Sd/ACTING CHIEF JUSTICE
Sd/JUDGE
CA
2 issues framed by the court
Whether the writ petition titled against mining proceedings should be disposed of after a prolonged delay.
Whether any liberty should be granted to file a fresh writ petition in the future if needed.
1 provisions across 1 enactments
M/s. S.N.G. Exporters
State of Karnataka
M/s. Shilpi Granites Exporters
Satish Chandra Sharma
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
