Bkg Mining Private Limited Vs Union of India

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NC: 2025:KHC:760-DB WP No. 35231 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF JANUARY, 2025

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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 M.I.ARUN WRIT PETITION NO. 35231 OF 2024 (GM-MM_S)

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BETWEEN:

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BKG MINING PRIVATE LIMITED

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A COMPANY REGISTERED UNDER THE COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO.2198 BKG HOUSE

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KHB COLONY, SANDUR, BALLARI DISTRICT-583 119.

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…PETITIONER

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Digitally signed by H K HEMA Location: High Court of Karnataka

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(BY SRI PRABHULING K. NAVADGI, SENIOR ADVOCATE ALONG WITH SMT. MONICA PATIL, ADVOCATE)

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AND:

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UNION OF INDIA MINISTRY OF MINES SHASTRI BHAVAN NEW DELHI-110 001 REPRESENTED BY THE PRL. SECRETARY.

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STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY #49, KHANIJA BHAVAN RACE COURSE ROAD

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NC: 2025:KHC:760-DB WP No. 35231 of 2024

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BENGALURU-560 001 REPRESENTED BY THE ADDL. SECRETARY.

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STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU-560 001 REPRESENTED BY THE SECRETARY.

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INDIAN BUREAU OF MINES INDIRA BHAVAN, CIVIL LINES NAGAPUR REPRESENTED BY ITS CONTROLLER GENERAL.

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REGIONAL CONTROLLER OF MINES NO.29, INDUSTRIAL SUBURB 2ND STAGE, TUMKUR ROAD GORAGUNTEPALYA BENGALURU-560 022.

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…RESPONDENTS

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(BY SRI K. ARVIND KAMATH, ASGI ALONG WITH

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SRI MADHUKAR DESHPANDE, CGSC FOR R.1, 4 AND 5; SMT. NILOUFER AKBAR, AGA FOR R.2 AND 3.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NOS. 3, 4 AND 5 TO CONSIDER THE PETITIONER'S REPRESENTATIONS DATED 21.10.2024 AND 19.11.2024 AND PROVIDE FOR AVERAGE SALE PRICE FIXATION OF EACH GRADE OF IRON ORE IN ACCORDANCE WITH RULE 42 OF THE MINERALS (OTHER THAN ATOMIC HYDROCARBONS ENERGY MINERALS) CONCESSION RULES, 2016 (ANNEXURE-A), ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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3 - NC: 2025:KHC:760-DB WP No. 35231 of 2024

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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

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While the Court heard learned Senior Mr. Prabhuling K. Navadgi for the petitioner, learned Additional Solicitor General of India Mr. K. Arvind Kamath for respondent Nos.1, 4 and 5 and learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.2 and 3 who apprised the Court about the controversy involved in the petition in light of the order passed by the Co-ordinate Bench of this Court on 24.12.2024, it could be noticed from the prayers made in the petition that one of the prayers advanced by the petitioner, which is for all practical purposes, the principal prayer is to direct the respondents-authorities to consider the petitioner's representations dated 21.10.2024 and 19.11.2024 for providing average sale price fixation for each grade of iron ore in accordance with Rule 42 of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016.

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NC: 2025:KHC:760-DB WP No. 35231 of 2024

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In light of the above prayer, learned Additional Solicitor General of India fairly submitted that the Competent Authority-the Union of India shall consider the representations of the petitioner and communicate the decision to the petitioner.

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Learned Senior Advocate Mr. Prabhuling K. Navadgi for the petitioner expressed the hope that an objective decision in accordance with law shall be taken.

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In light of what transpired during the course of the hearing and in view of the above prayer which has to be attended to by the Competent Authority, this Court does not see any good reason to keep the petition pending. The exercise of deciding and communicating the decision to the petitioner shall be completed within six weeks from the date of service of this order.

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The petition is accordingly disposed of without expressing any

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opinion on the merits of the subject matter.

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SD/(N. V. ANJARIA) CHIEF JUSTICE

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SD/(M.I.ARUN) JUDGE

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hkh. List No.: 1 Sl No.: 31

Bkg Mining Private Limited v. Union of India

Case brief

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Bkg Mining Private Limited v. Union of India

Case brief

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