Sri C N Prakash vs State Of Karnataka
2022 Latest Caselaw 12080 Kant

                           -1-


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 22ND DAY OF SEPTEMBER, 2022

                       PRESENT

THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

       WRIT PETITION NO.36333 OF 2017 (GM-MM-S)

BETWEEN:
SRI C.N.PRAKASH
S/O NARAYANA REDDY
AGED ABOUT 46 YEARS
R/AT CHIMAKALAHALLY VILLAGE
THOKALAHALLY POST
GOWRIBIDANUR TALUK
CHIKKABALLAPUR DIST. - 561 228
                                          ... PETITIONER
(BY SRI HARISH H.V, ADVOCATE)

AND:
1.    STATE OF KARNATAKA
      REPRESENTED BY ITS
      CHIEF SECRETARY TO GOVERNMENT
      VIDHANA SOUDHA
      BENGALURU - 560 001

2.    THE SECRETARY TO GOVERNMENT
      DEPARTMENT OF COMMERCE AND
      INDUSTRIES, VIKAS SOUDHA
      BENGALURU - 560 001

3.    THE DIRECTOR
      DEPARTMENT OF MINES AND GEOLOGY
      KHANIJA BHAVANA
      RACE COURSE ROAD
      BENGALURU - 560 001
                                        ... RESPONDENTS
(BY SRI S.S.MAHENDRA, ADVOCATE)
                           ****
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
                                -2-


WRIT OF CERTIORARI QUASHING THE AMENDMENT OF THE
RULE 36 AND INSERTING SUB-RULE (5) IN THE KARNATAKA
MINOR MINERAL CONCESSION (AMENDMENT) RULES, 2016, BY
WAY OF AMENDMENT TO THE SAID RULES BY ISSUING
GAZETTE NOTIFICATION DATED 12.08.2016 PUBLISHED IN THE
KARNATAKA GAZETTE PART-IVA NO.1007, SO FAR AS
PERTAINING TO PAYMENT OF ONE-FOURTH OF THE ROYALTY
AMOUNT OF THE PERMITTED ANNUAL PRODUCTION QUANTITY
IS CONCERNED AT ANNEXURE-A AND ETC.

     THIS PETITION COMING ON FOR HEARING THIS DAY,
ACTING CHIEF JUSTICE MADE THE FOLLOWING:


                            ORDER

Mr.Harish H.V, learned counsel for the petitioner. Mr.S.S.Mahendra, learned Additional Government Advocate for the respondents.

This writ petition has been filed by the petitioner

seeking the following reliefs:

"a) Issue a Writ of Certiorari or any other writ quashing the amendment of the rule 36 and inserting sub-rule (5) in the Karnataka Minor Mineral Concession (amendment) Rules, 2016, by way of amendment to the said rules by issuing Gazette notification No.CI 418 MMN 2015 (Part) Bengaluru, Dated 12.08.2016 published in the Karnataka Gazette Part-IVA No.1007, so far as pertaining to payment of one-fourth of the royalty amount of the permitted annual production quantity is concerned at ANNEXURE-A,

b) Issue a writ of certiorari or any other writ quashing the further amendment to the sub-rule 5 of the Rule 36 in the Karnataka Minor Mineral Concession (amendment) Rules, 2017, by way of amendment to the said rules by issuing Gazette notification No.CI 64 MMN 2017, Bengaluru, Dated 18.07.2017 published in the Karnataka Gazette Part-IVA No.695, so far as substituting one-tenth of the royalty amount of the highest permitted annual production quantity mentioned in the environmental clearance in the validity period, at ANNEXURE-B as unconstitutional and

against the original rules as ultra vires the Rules, the Act and the Constitution."

2. Learned counsel for the parties jointly submit that

the controversy involved in this writ petition is squarely

covered by a judgment dated 01.06.2020 passed by this

Court in Writ Petition No.58505/2016 (MR.KHALEED

PASHA vs. STATE OF KARNATAKA AND ANOTHER) and other

connected matters.

In view of the aforesaid submission, the writ

petition is disposed of on the same terms and similar

directions.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

AHB