This order jointly disposed of two writ petitions challenging Rule 36(5) of the Karnataka Minor Mineral Concession Rules, 2016. The court held that the issue is concluded by a previous judgment in W.P.No.58505/2016 and made no further order.
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 5TH 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.56579 OF 2018(GM-MM-S) C/W WRIT PETITION NO.10963 OF 2019(GM-MM-S)
IN WP NO.56579/2018 BETWEEN:
SRI A C SHIVALINGE GOWDA S/O SRI.LATE CHANNE GOWDA, AGED ABOUT 56 YEARS, R/AT NO.43, 11TH A CROSS, 3RD PHASE, J.P.NAGARA, BENGALURU-560 078.
...PETITIONER
(BY SRI GANAPATI BHAT VAJRALLI, ADVOCATE)
AND:
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…RESPONDENTS
(BY SRI S.S.MAHENDRA, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT RULE 36[5] OF THE KARNATAKA MINOR MINERAL CONCESSION[AMENDMENT] RULES, 2016 DTD:12.8.2016 AS PER ANNEXURE-D IS UNCONSTITUTIONAL NULL AND VOID AND ETC.,
IN WP NO.10963/2019 BETWEEN:
M/S SAPPHIRE STONE CRUSHERS G.R.GRAND RESIDENCY FL.NO.3, J.P.NAGAR, 6TH PHASE, KANAKAPURA ROAD, BANGALORE - 560 078 REPRESENTED BY ITS PARTNER SRI. RAVI SHANKAR
...PETITIONER
(BY SRI.KESHAV DATAR, ADVOCATE FOR SRI.BADRI VISHAL, ADVOCATE)
AND:
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BANGALORE - 560 001 REPRESENTED BY CHIEF SECRETARY.
…RESPONDENTS
(BY SRI.S.S.MAHENDRA, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH RULE 36(5) OF THE KARNATAKA MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016 DATED 12.08.2016 AT ANNEXURE-'K' VIDE NOTIFICATION BEARING NO. CI 418 MMN 2015, BENGALURU AS UNCONSTITUTIONAL, NULL AND VOID AND ETC.,
THESE PETITIONS COMING ON FOR HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
Regard being had to the similitude in the controversy involved in these two petitions, they are being disposed of by a common order.
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W.P.No.58505/2016 and other connected matters decided on 01.06.2020.
The pending interlocutory applications, if any, stand disposed of.
Sd/ACTING CHIEF JUSTICE
Sd/JUDGE
CA
1 issue framed by the court
Whether the present writ petitions require further orders in light of the judgment in W.P.No.58505/2016.
Colour shows how this judgement treated each authority
Khaleed Pasha vs. State of KarnatakaReferred¶36
W.P.No.58505/2016 (Mr. Khaleed Pasha vs. State of Karnataka and Another)
1 provisions across 1 enactments
SRI A C SHIVALINGE GOWDA
M/S SAPPHIRE STONE CRUSHERS
THE STATE OF KARNATAKA
THE COMMISSIONER AND DIRECTOR DEPARTMENT OF MINES AND GEOLOGY
SATISH CHANDRA SHARMA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
