Disposed

M/S. Ahl Mining Company Private Limited v. the State of Karnataka

Karnataka HC12 Sept 2024WP/24938/2024

Case brief

AI extract

What is this about?

Petitioner challenged an e-auction communication proposing sale of its old iron ore stock at its stockyard. The auction date having passed before the hearing, nothing survived; petitioner was permitted to seek Supreme Court proceedings for post-auction rights.

What did the court decide?

Liberty to petitioner to move proceedings before the Supreme Court regarding post-auction rights; no merits examined.

M/S. Ahl Mining Company Private Limited Vs… — Mining and Natural Resources | Karnataka HC (2024)

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1 - NC: 2024:KHC:37408-DB WP No. 24938 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF SEPTEMBER, 2024

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE K V ARAVIND WRIT PETITION NO. 24938 OF 2024 (GM-MMS)

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BETWEEN:

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M/S. AHL MINING COMPANY PRIVATE LIMITED (PREVIOUSLY KNOWN AS M/S. VSL MINING COMPANY PVT. LTD,) A COMPANY INCORPORATED AND REGISTERED UNDER THE PROVISIONS OF THE COMPANY ACT, 2013.

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Digitally signed by VALLI MARIMUTHU Location: High Court of Karnataka

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REPRESENTED BY ITS DIRECTOR, SMT. AARTHI A LAD, W/O. SRI. ANIL H LAD, AGED ABOUT 45 YEARS, HAVING ITS REGISTERED OFFICE AT NO. 12, 1^ST MAIN, 1^ST CROSS, N.T.I. LAYOUT, DOLLARS COLONY, R.M.V. 2^ND STAGE, BENGALURU-560 094.

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…PETITIONER

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(BY SMT. LAKSHMY IYENGAR SR. ADV A/W SRI. AKASH V T., ADVOCATE) AND:

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THE STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY, VIDHANA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY.

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2 - NC: 2024:KHC:37408-DB WP No. 24938 of 2024

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MONITORING COMMITTEE APPOINTED BY THE

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HON’BLE SUPREME COURT OF INDIA, DEPARTMENT OF MINES AND GEOLOGY, NO. 49, 5^TH FLOOR, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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THE PRINCIPAL SECRETARY DEPARTMENT OF MINES AND GEOLOGY, VIDHANA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001.

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THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.

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THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, COLLEGE ROAD, HOSAPETE-583 201.

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THE BRANCH MANAGER, MSTC NO. 19/5 AND 19/6, 3^RD FLOOR, KAREEM TOWER, CUNNINGHAM ROAD, BENGALURU-560 052. METAL SCRAP AND TRADING COMPANY

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OR ORDER IN THE NATURE OF MANDAMUS OR SUCH OTHER ORDER TO DIRECT THE RESPONDENT NO.5 TO CONSIDER TO RELEASE THE PAYMENT OF SALE CONSIDERATION AS PER ANNEXURES-J2

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3 - NC: 2024:KHC:37408-DB WP No. 24938 of 2024

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AND J3. ISSUE WRIT OR ORDER IN THE NATURE OF CERTIORARI OR SUCH ORDER THIS HONBLE COURT MAY DEEM FIT TO QUASH IMPUGNED COMMUNICATION OF E AUCTION COMMUNICATION DATED 26/08/2024, BEARING NO.DMG/MLS/AUCTION/2024-25 MADE TO 6^TH RESPONDENT BY THE 4^TH RESPONDENT, SCHEDULED ON 11/09/2024 AT 11.AM FOR OLD IRON ORE STOCK IN SO FAR AS THE PETITIONERS COMPANY DEPICTED AT SL.NO.1 TO 5 PERTAINING TO BHUJANGANAGARA STOCK YARD LOCATED IN SY.NO.298 PRODUCED AT ANNEXURE-A AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K V ARAVIND

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ORAL ORDER

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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The challenge in this petition is directed against the

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decision reflected in the communication dated 26.08.2024,

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whereby along with the other leaseholders, old iron ore stock at the stockyard of the petitioner was proposed to be e-auctioned. The auction was scheduled to take place on

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11.09.2024 i.e., yesterday as well as today.

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In that view, since the date of auction has passed by,

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the challenge to the said communication would not survive

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4 - NC: 2024:KHC:37408-DB WP No. 24938 of 2024

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as such. However, learned Senior advocate Smt. Lakshmy Iyengar along with learned advocate Mr. V.T Akash for the petitioner stated that in view of the directions given by the Hon’ble Supreme Court in Samaj Parivartana Samudaya and Others Vs. State of Karnataka and

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Others , which was Writ Petition (Civil) No.562 of 2009 and other connected writ petitions decided on 14.03.2024, the petitioner will be able to assert the post-auction rights in relation to the sale proceeds etc. It was further submitted that in that regard, the petitioner may be permitted to approach the Supreme Court.

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Learned Additional Government Advocate Smt. Niloufer Akbar stated that the auction was proposed and scheduled in light of the directions issued by the Supreme Court upon survey by the expert team, etc. as directed in

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Samaj Parivartana Samudaya and Others ( supra ).

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Since the date of auction has gone, nothing survives

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for the petitioner with regard to the challenge to the auction notice. For any other right which the petitioner

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5 - NC: 2024:KHC:37408-DB WP No. 24938 of 2024

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may be claiming and asserting, as stated by learned advocate for the petitioner, the petitioner is at liberty to move the proceedings before the Supreme Court. This Court has not gone into the said aspect and the merits thereof.

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The writ petition is disposed of accordingly.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(K V ARAVIND) JUDGE

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VBS List No.: 1 Sl No.: 8

M/S. Ahl Mining Company Private Limited v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S. Ahl Mining Company Private Limited v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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