Acting Chief Justice dismissed the writ petition challenging the constitutional validity of amendments to Karnataka Minor Mineral Concession Rules, following a prior judgment that negatived the similar challenge.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF SEPTEMBER, 2021
PRESENT
THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.27957/2018 (GM-MM/S)
BETWEEN
CHIRANTH H.S. S/O H.B.SATHYANARAYANA RAO, AGE 34 YEARS, CHIRANTH LODGE, BEHIND OLD BUS STAND, HASSAN-573 201
...PETITIONER
(BY SRI K.DHIRAJ KUMAR, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA REP BY ITS SECRETARY, COMMERCE & INDUSTRIES DEPARTMENT, (MSME & MINES) VIKASA SOUDHA, BANGALORE-560 001.
2 . DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560 001.
2
PANCHAYAT BHAVAN, 1ST FLOOR, RAMANAGAR-562 127.
…RESPONDENTS
(BY SRI S.S.MAHENDRA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO HOLD RULE 36[5] INSERTED IN KARNATAKA MINOR MINERAL CONCESSION [AMENDMENT] RULES 2016 PUBLISHED IN SPECIAL GAZETTE NOTIFICATION DTD 12.8.2016, COPY OF WHICH IS PRODUCED AT ANNEXURE-E AS UNCONSTITUTIONAL; HOLD AMENDMENT TO RULE 36[5] OF KARNATAKA MINOR MINERAL CONCESSION [AMENDMENT] RULES 2017, PUBLISHED IN SPECIAL GAZETTE NOTIFICATION DTD 18.7.2017 COPY OF WHICH IS PRODUCED AT ANNEXURE-F AS UNCONSTITUTIONAL; CONSEQUENTLY TO QUASH THE NOTICE DTD 3.10.2017 CALLING UPON THE PETITIONER TO FURNISH BANK GUARANTEE FOR PERFORMANCE SECURITY IN ACCORDANCE WITH AMENDED RULE 35[5] OF KMMCR 1994, COPY OF WHICH IS PRODUCED AT ANNEXURE-H ISSUED BY R-3.
THIS WRIT PETITION COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
In this writ petition, the challenge is to the validity of sub-rule (5) of Rule 36 of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, (for short, ‘the said Rules of 2016’) as amended with effect from 12th August 2016.
3
SD/ACTING CHIEF JUSTICE
SD/-
JUDGE
nd
1 issue framed by the court
Whether to admit writ petitions challenging the constitutional validity of amended mining rules given a prior decision negatived the challenge.
Colour shows how this judgement treated each authority
W.P. No.58505/2016Followed¶26
1 provisions across 1 enactments
CHIRANTH H.S.
THE STATE OF KARNATAKA
SATISH CHANDRA SHARMA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
