Disposed¶37

Government of Karnataka v. National Comission for Schedule Castes

Karnataka HC5 Nov 2025WP/24703/2022

Case brief

AI extract

What is this about?

Karnataka HC, single judge (E.S. Indiresh, J.), 05.11.2025; NC: 2025:KHC:44523; WP No.24703 of 2022 (GM-RES); Government of Karnataka v. National Commission for Scheduled Castes & M/s Vijaya Stone Crushers (Tumkur); NCSC jurisdiction under Article 338; direction to invoke Karnataka Minor Mineral Concession Rules, 1994; ultra vires challenge; disposed of in view of Division Bench order in W.P. No.1197 of 2023 dated 05.04.2023; no finding on ultra vires question.

What did the court decide?

Since the Division Bench of this Court in Writ Petition No.1197 of 2023 had passed an order against the petitioner-Government, the prayer made in the present petition does not survive for consideration, and the writ petition is accordingly disposed of. ¶36

Government of Karnataka Vs National Comission for… — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:44523 WP NO.24703 OF 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 05^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.24703 OF 2022 (GM-RES)

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BETWEEN:

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GOVERNMENT OF KARNATAKA BY ITS SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES) VIKASA SOUDHA, BENGALURU - 560 001.

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…PETITIONER

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(BY SRI. MAHANTESH SHETTAR, AGA)

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AND:

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NATIONAL COMISSION FOR SCHEDULE CASTES 5^TH FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI - 110 003. REP. BY ITS SECRETARY.

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Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA

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UNDER SECRETARY NATIONAL COMMISSION FOR SCHEDELED CASTES 5^TH FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI - 110 003. REP. BY ITS SECRETARY.

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M/S VIJAYA STONE CRUSHERS SY. NO. 9/P12, PANDITANAHALLI, TUMKUR TALUK AND DISTRICT - 572 104. REP. BY ITS PARNTER

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…RESPONDENTS

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(BY SRI. KUMAR M.N., ADVOCATE FOR R1 AND R2; SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE FOR R3)

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2 - NC: 2025:KHC:44523 WP NO.24703 OF 2022

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE RECOMMENDATION AND ADVISE AS CONTAINED IN THE RECORD NOTE OF DISCUSSION ENCLOSED WITH THE COMMUNICATION DATED 17^TH FEBRUARY, 2022 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-F, TO THE EXTENT IT DIRECTS THE PETITIONER TO INVOKE SPECIFIC PROVISION OF THE KARNATAKA MINOR MINERAL CONCESSION RULES 1994, IS ULTRA VIRES THE POWERS CONFERRED ON THE NATIONAL COMMISSION FOR SCHEDULED CASTES AND THEREFORE IS ILLEGAL AND ARBITRARY; AND ETC.

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THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

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ORAL ORDER

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In this writ petition the petitioner-Government is seeking to declare that the recommendation and advise as contained in the record note of discussion enclosed with the communication dated 17^th February, 2022 (Annexure-F) issued by the respondent No.1 to an extent it directs the petitioner to invoke specific provision of the Karnataka Minor Mineral Concession Rules, 1994 is ultra vires the powers conferred on the National Commission for Scheduled Castes and therefore is illegal and arbitrary.

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Heard Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the petitionerGovernment; Sri. Kumar M.N., learned counsel appearing for

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3 - NC: 2025:KHC:44523 WP NO.24703 OF 2022

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HC-KAR

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respondents 1 and 2; and Sri. Ganapathi Bhat Vajralli, learned counsel appearing for the respondent No.3.

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Learned Additional Government Advocate appearing

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for the petitioner invited the attention of the Court to the letter dated 17^th February, 2022 (Annexure-F) and contended that the respondent No.1 constituted under Article 338 of the Constitution of India has no jurisdiction to direct the petitionerGovernment Department to submit the facts and information in respect of the action taken on the allegations/matters within the time frame.

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Per contra, learned counsel appearing for respondents places reliance on the judgment of the Division Bench of this Court in Writ Petition No.1197 of 2023 decided on 05^th April, 2023, wherein, the Division Bench of this Court, having taken note of the submission made thereunder, disposed of the writ petition, directing the respondent No.4Authority therein to decide the application made by the respondent No.3 herein as expeditiously as possible.

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