Karnataka High Court
M/S Uma Stores vs The State Of Karnataka on 24 October, 2024
-1-
NC: 2024:KHC:42849-DB
WP No. 13934 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 13934 OF 2024 (GM-MM-S)
BETWEEN:
M/S. UMA STONES
SY. NO.65
BOMMANAHALLI VILLAGE
KORA POST,
TUMKUR - 572 128,
REP. BY ITS PARTNER
SRI VIJAY KUMAR
Digitally signed
S/O. NANDALAL SHARMA.
by VALLI
MARIMUTHU ...PETITIONER
Location: High
Court of (BY SRI MANJUNATH G. KANDEKAR, ADVOCATE)
Karnataka
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF MINES AND GEOLOGY
M. S. BUILDING, AMBEDKAR VEEDHI,
BANGALORE - 560 001.
-2-
NC: 2024:KHC:42849-DB
WP No. 13934 of 2024
2. DEPUTY DIRECTOR
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN,
SPOORTHI LAYOUT BADDIHALLI,
RING ROAD, TUMKURU - 572 104.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS FROM THE 2ND RESPONDENT IN No.
GABUE/UNITHU/KAGAGU/NOTICE/2023-24 AND ALLOW THE
WRIT PETITION AND ISSUE WRIT IN THE NATURE OF
CERTIORARI QUASHING ANNEXURE-A NOTICE DATED
13.03.2024 ISSUED BY THE 2ND RESPONDENT IN No.
GABUE/UNITHU/KAGAGU/NOTICE/2023-24 AND ETC,.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR. JUSTICE K. V. ARAVIND
-3-
NC: 2024:KHC:42849-DB
WP No. 13934 of 2024
ORAL ORDER
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. Annappa for learned advocate
Mr. Manjunath G. Kandekar for the petitioner and learned
Additional Government Advocate Smt. Niloufer Akbar for the
respondents who appeared upon service of copy of this petition in
advance.
2. What is sought to be called in question in this petition filed
under Article 226 of the Constitution, is notice dated 13.03.2023,
whereby respondent No.2-the Deputy Director, Department of
Mines and Geology, Tumkuru has required the petitioner-industry
to seek and get registration under Rule 15-B of the Karnataka
Minor Mineral Concession Rules, 1994.
3. The notice is indicative that it is a notice issued under Rule
15-B of the aforesaid Rules as amended in 2023. It requires the
petitioner-industry to get registered within the period of 90 days and
pay the registration fees to further state that the failure would entail
the levy of fine.
NC: 2024:KHC:42849-DB
4. Learned advocate for the petitioner would submit that the
petitioner is a small and micro scale industry which would not fall
within the purview of aforesaid Rule and therefore, shall not be
liable to be registered. Be that as it may. It is for the competent
authority to examine the merits.
4.1. Learned Additional Government Advocate would submit that
M/s. Shanthala Marbles and Granites Vs. The State of
Karnataka and another which is Writ Petition No.14024 of 2024,
similar fact situation was posed before the Court, wherein similar
notice was under challenge and the Court relegated the petitioner
to the authorities permitting the petitioner to file reply.
5. Since the controversy is only at the notice stage and the
petition is filed at such stage, the petitioner is at liberty to respond
to the notice.
5.1 The competent authority shall decide about the registration of
the petitioner-industry strictly in accordance with law as per the
Rules and after taking into account the stand of the petitioner.
6. This Court has not expressed any opinion on the merits of
the case of the either side and has not gone into the merits. The
NC: 2024:KHC:42849-DB
petition is not entertained accordingly as it is pre-mature relegating
the petitioner as above and requiring the authorities to take
decision and to complete the entire exercise within two months
from today.
7. The writ petition stands dismissed subject to above.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
