Karnataka High Court
M/S Sri Pithal Dev Granites vs The State Of Karnataka on 20 November, 2024
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WP No. 12500 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION No. 12500 OF 2024 (GM-MM_S)
BETWEEN:
1. M/S SRI PITHAL DEV GRANITES,
HAVING ITS OFFICE AT:
PLOT No.502, 2ND PHASE,
VASANTHANARASAPURA INDUSTRIAL AREA,
YALLADADLU, KORA,
TUMKUR - 572 128.
KARNATAKA.
REPRESENTED BY ITS PROPRIETOR:
SMT. UMEDI DEVI,
...PETITIONER
(BY SMT. RAJAMMA, ADVOCATE FOR
SRI. MANJUNATH G. KANDEKAR, ADVOCATE)
Digitally signed AND:
by VALLI
MARIMUTHU
Location: High 1. THE STATE OF KARNATAKA,
Court of DEPARTMENT OF MINES AND GEOLOGY,
Karnataka M. S. BUILDING,
AMBEDKAR VEEDHI,
BANGALORE-560001.
2. THE DEPUTY DIRECTOR,
DEPARTMENT OF MINES AND GEOLOGY,
KHANIJA BHAVAN, SPOORTHI LAYOUT,
BADDIHALLI, RING ROAD,
TUMAKURU-572104.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
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WP No. 12500 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING
ANNEXURE-A NOTICE DATED NIL ISSUED BY THE 2ND
RESPONDENT IN No.GABUE/UNITHU/KAGAGU/NOTICE/2023-24.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE K.V. ARAVIND)
Heard learned advocate Smt. Rajamma, for learned
advocate Mr. Manjunath G. Kandekar for the petitioner and learned
Additional Government Advocate Smt.Niloufer Akbar for the
respondents.
2. This petition is filed under Article 226 of the Constitution of
India calling into question the notice dated Nil issued by respondent
No.2-Deputy Director, Department of Mines and Geology, requiring
the petitioner to register under Rule 15B of the Karnataka Minor
Mineral Concession Rules, 1994 [for short 'KMMC Rules'].
3. The notice indicates that the petitioner is engaged in the
business of mineral based granite cutting and polishing in the name
of M/s. Sri Pithal Dev Granites. As stated in the notice the mineral
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based industrial unit is required to be registered under the KMMC
Amendment Rules, 2023.
4. Learned advocate appearing for the petitioner would submit
that the petitioner is a micro and small scale enterprise. The
industry run by the petitioner would not fall within the purview of the
Rules and therefore, would not be required to be registered under
the said Rules.
5. Learned Additional Government Advocate would submit that
the notice issued under Rule 15B(1) of the KMMC Amendment
Rules, 2023, was the subject matter in the case of M/s. Shanthala
Marbles and Granites vs. The State of Karnataka and another
in Writ Petition No.14024 of 2024, wherein a similar notice was
under challenge on similar grounds and this Court relegated the
petitioner to the authorities permitting the petitioner to file a reply.
6. In view of the order of this Court in Writ Petition No.14024 of
2024 and as the controversy is only at the notice stage, the
petitioner has a remedy to respond to the notice.
7. The petitioner is at liberty to respond to the notice. The
competent authority shall decide the requirement of registration of
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the petitioner industry strictly in accordance with law as per the
Rules and considering the reply of the petitioner.
8. The writ petition is disposed of as premature, relegating the
petitioner to file a reply to the notice and requiring the authorities to
take a decision within two months from the date of reply. The
Court has not expressed any opinion on the merits of the case.
9. The Writ Petition stands dismissed subject to above.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
MV
