Golappanavar Prakash S/O Shankarappa vs State Of Karnataka
2024 Latest Caselaw 1101 Kant

Karnataka High Court

Golappanavar Prakash S/O Shankarappa vs State Of Karnataka on 11 January, 2024

Author: Suraj Govindaraj

Bench: Suraj Govindaraj

                                          -1-
                                                    NC: 2024:KHC-D:680
                                                    WP No. 107221 of 2023



                      IN THE HIGH COURT OF KARNATAKA,

                                 DHARWAD BENCH

                  DATED THIS THE 11TH DAY OF JANUARY, 2024

                                       BEFORE
                  THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
                  WRIT PETITION NO. 107221 OF 2023 (GM-RES)
             BETWEEN:

             1.   GOLAPPANAVAR PRAKASH
                  S/O SHANKARAPPA
                  AGE. 47 YEARS, SUPER GRADE ELECTRICAL
                  CONTRACTOR PARTNER,
                  M/S PRAKASH METAL PRODUCTS,
                  SY. NO. 101/1B.3 AYODYA VILLAGE,
                  NEAR KEMPAGIRI,
                  KARWAR ROAD, HUBBALLI,
                  AT. PO. HUBBALLI- 580024,
                  DIST. DHARWAD

             2.   SIDHARTHA PALO
                  S/O SUDHANSHU PALO
                  AGE. 56 YEARS, OCC. DIRECTOR,
                  M/S SIDHARTHA ENGINEER LTD.,
                  HEAD OFFICE, PLOT NO. 1015,
YASHAVANT
NARAYANKAR
                  N H 5, NAYAPALLI,
                  BHUVANESWAR BRANCH OFFICE,
Digitally         PLOT NO. 2057, ROYAL RESIDENCY,
signed by
YASHAVANT
NARAYANKAR
                  VIDYANAGAR, RAIBAG TALUK,
                  HARUGERI,
                  BELAGAVI 591220
                                                             ...PETITIONERS
             (BY SRI. CHIDANANDA . D. H &
                 SRI. BASAVARAJAIAH N., .,ADVOCATES)

             AND:

             1.   STATE OF KARNATAKA
                  DEPARTMENT OF ENERGY
                  REP. BY ITS SECRETARY,
                  VIKAS SOUDHA, BENGALURU 560001
             2.   THE CHIEF ENGINEER (ELE)
                             -2-
                                     NC: 2024:KHC-D:680
                                       WP No. 107221 of 2023



     TENDERING AND PROCUREMENT, KPTCL,
     KAVERI BHAVAN, BENGALURU 560009

3.   SUPERINTENDING ENGINEER (ELE)
     PROJECT MONITORING CELL,
     HESCOM, P B ROAD,
     NAVANAGARA, HUBBALLI,
     AT. POT. HUBBALLI 580025.

4.   EXECUTIVE ENGINEER (ELE)
     MAJOR WORKS DVN. KPTCL
     HUBBALLI 580025, DIST. DHARWAD.

5.   EXECUTIVE ENGINEER (ELE)
     MAJOR WORKS DVN. KTPCL
     1ST FLOOR, NAVANAGARA,
     BAGALKOT 587103.

6.   EXECUTIVE ENGINEER (ELE)
     MAJOR WORKDS DVN., KPTCL,
     DIVISION OFFICE COMPLEX,
     BAGALKOT ROAD, VIJAYAPURA 586109

7.   EXECUTIVE ENGINEER (ELE)
     MAJOR WORKS DVN. KPTCL
     AIRPORT ROAD, KALABURGI 585103.

8.   EXECUTIVE ENGINEER (ELE)
     O AND M DVN.
     HESCOM, RAMADURGA 591123.
                                               ...RESPONDENTS

(BY SRI. PRAVEEN UPPAR, AGA FOR R1;
    SRI. G.I. GACHCHINAMATH.,ADVOCATE FOR R2 TO R8;
    SRI. B S KAMATE., ADVOCATE FOR R2 & R4 TO R6)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO
IMPOSE AND NOT TO DEDUCT FIVE TIMES OF PENALTY ON THE
ROYALTY AMOUNT, FROM THE BILLS OF THE PETITIONERS AND ETC.

     THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                                  -3-
                                        NC: 2024:KHC-D:680
                                         WP No. 107221 of 2023




                            ORDER

1. The petitioners are before this Court seeking for the

following reliefs:

a. Issue a writ in the nature of mandamus directing the Respondents not to impose and not to deduct five times of penalty on the royalty amount, from the bills of the petitioners.

b. To direct the respondents to refund the penalty amount which was already deducted from the bills of the petitioners with 18% of interest.

c. To issue any other writ orders or directions as this Hon'ble Court deems fit in the circumstances of this case in the interest of justice.

d. To grant the cost of these petitions in the interest of justice.

2. The petitioners are aggrieved by the respondents,

imposing five terms penalty of the royalty amount as

regards the minerals used by the petitioner for

carrying out the works under a tender notification

issued by the respondents.

3. The submission of the counsel for the petitioner is

that no such penalty could be levied once royalty has

been collected. This aspect has already been

considered by this Court vide order dated 12.11.2020

in WP No.10331/ 2020.

NC: 2024:KHC-D:680

4. As such, the said judgment would apply to the

present case also. Hence, I pass the following;

ORDER

i. The writ petition is allowed.

ii. The respondents are directed to comply with the directions issued by this Court in its order dated 12.11.2020 in WP No.10331/2020 and not deduct any amount more than what is permitted by the said order.

iii. As regards refund and other relief, petitioners are at liberty to submit representations to the respondents which shall be considered in accordance with law and necessary orders passed thereon within a period of 30 days from the date of receipt of such representation.

Sd/-

JUDGE