A landowner sought to quash an auction notice issued by the Department of Mines and Geology for iron ore dumped on her land in 2005 by the Railway Department. The court found the ore belonged to the State department and the petitioner had no enforceable right, and summarily dismissed the petition.
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NC: 2024:KHC:11187-DB WP No. 8384 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 8384 OF 2024 (GM-MM_S)
BETWEEN:
MRS. K G GEETHA, W/O LATE CHANDRASHEKARAIAH, AGED ABOUT 60 YEARS, R/AT NO SHIVASTUTI, BEEMASANDRA, CHITRADURGA TALUK DISTRICT, KARNATAKA 577 520.
…PETITIONER
(BY SMT. ANUPARNA BORDOLOI.,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI.S S MAHENDRA., PRINCIPAL GOVERNMENT ADVOCATE)
NC: 2024:KHC:11187-DB WP No. 8384 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, QUASHING THE LETTER DATED 04/03/2024 BEARING NO.DMG/MLS/AUCTION/2023-24 IN SO FAR AS THE COMMODITIES SITUATED ON THE SCHEDULE PROPERTY WHICH IS ADDRESSED BY RESPONDENT NO.2 TO RESPONDENT NO.3, AS THE SAME IS HIGHLY ARBITRARY AND WITHOUT THE AUTHORITY OF LAW (ANNEXURE-A) AND B) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, QUASHING THE MODEL TENDER DOCUMENT VIDE BEARING NO.DMG/MLS/AUC/BBHR1/2023-24 WHICH IS UPLOADED BY RESPONDENT NO.3 AS THE SAME IS HIGHLY ARBITRARY, AND WITHOUT THE AUTHORITY OF LAW (ANNEXURE-A1) AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Learned Government Advocate Mr. S S Mahendra accepts notice for the Respondent – State and its officials.
prayed to set aside the tender document uploaded by respondent No.3. The impugned letter reflects that it is an e-auction notice whereby, the Department of Mines and Geology has proposed to auction the commodity which is iron ore, lying on the land of the petitioner.
3.1. The case put forward by the Petitioner in the writ petition is that the land bearing Sy.No.38/P1 and land bearing Sy.No.38/P2 situated at Dinadadahalli Village, Hireguntanuru Hobli, Chitradurga, was purchased by the petitioner under a registered sale deed dated 23.04.2004. It is stated that said land is an agricultural land, petitioner and his family members have been carrying out agricultural operations over the property . It is further stated by the petitioner that in the year 2005, the Railway Department while putting up railway lines near the petitioner’s land, dumped iron ore on the petitioner’s property and that since then the said goods have remained on the land of the petitioner.
3.2. The respondent No.2 – Director, the Department of Geology and Mines has now notified for auctioning of the said iron ore lying on the land of the petitioner, which is the impugned notice-cum-
letter dated 04.03.2024. The auction is scheduled to take place on 20.03.2024.
5.1. In the facts of the case, the petitioner does not have a semblance of right, much less enforceable right to arrest or interdict the process of auction. There cannot be right to be heard in the facts obtaining. It is extremely doubtful whether that petitioner even claim the locus to file the petition to challenge the auction and
to prevent the respondents from auctioning the iron ore lying on the land of the petitioner belonging to respondent No.2, since 2005.
any right with the petitioner which may be enforced. The petition is devoid of merit. It cannot be entertained.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
Bsv List No.: 1 Sl No.: 28
1 issue framed by the court
Whether the petitioner, on whose land iron ore dumped by the Railway Department since 2005 lies, has a right to be heard or to interdict the State's auction of that ore?
2 provisions across 1 enactments
Mrs. K G Geetha
State of Karnataka (Department of Mines and Geology)
The Director, Department of Mines and Geology
Metal Steel Transport Corporation
N V Anjaria
Krishna S Dixit
As recorded by the court registry
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