Karnataka High Court
M/S Doddannavar Brothers vs State Of Karnataka on 10 February, 2025
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NC: 2025:KHC:5950-DB
WP No. 7993 of 2023
C/W WP No. 8180 of 2023
WP No. 17232 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 7993 OF 2023 (GM-MM_S)
CONNECTED WITH
WRIT PETITION NO. 8180 OF 2023 (GM-MM_S)
&
WRIT PETITION NO. 17232 OF 2023 (GM-MM_S)
IN W.P.No.7993/2023:
BETWEEN:
1. M/S. DODDANNAVAR BROTHERS
(REGD. PARTNERSHIP FIRM),
Digitally DODDANNAVAR COMPOUND
signed by H
K HEMA NEAR FORT, BELGAUM-590 016
Location: REP. BY ITS GENERAL MANAGER
High Court SRI RACHAPPA M. SARADAGI.
of Karnataka
...PETITIONER
[BY SRI NITHYA NANDA MURTHY P., ADVOCATE (ABSENT)]
AND:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY
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WP No. 7993 of 2023
C/W WP No. 8180 of 2023
WP No. 17232 of 2023
DEPARTMENT OF FORESTS
ECOLOGY AND ENVIRONMENT
4TH FLOOR, M.S. BUILDING
DR. AMBEDKAR ROAD
BENGALURU-560 001.
2. STATE OF KARNATAKA
REP. BY ITS SECRETARY
(MINES) DEPARTMENT OF COMMERCE AND
INDUSTRIES
GOVERNMENT OF KARNATAKA
VIKASA SOUDHA, 1ST FLOOR
DR. AMBEDKAR ROAD
BENGALURU-560 001.
3. THE DIRECTOR OF MINES AND GEOLOGY
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, 5TH FLOOR
RACE COURSE ROAD
BENGALURU-560 001.
4. THE PRINCIPAL CHIEF
CONSERVATOR OF FORESTS
"ARANYA BHAVAN"
18TH CROSS, MALLESHWARAM
BENGALURU-560 003.
5. THE DEPUTY CONSERVATOR OF FORESTS
BAGALKOT DIVISION
BAGALKOT-580 001.
...RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
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WP No. 7993 of 2023
C/W WP No. 8180 of 2023
WP No. 17232 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE
2(3) OF WRIT PROCEEDINGS RULES, 1977, PRAYING TO
QUASH THE COMMUNICATION OF THE RESPONDENT No.4
DATED 08.06.2016 AND THE DEMAND NOTICES DATED
14.06.2016 AND 18.06.2016 ALONG WITH THE DEMAND
NOTICE DATED 01.07.2023 AND THE REMINDER NOTICE
DATED 24.02.2023 ALL ISSUED BY THE RESPONDENT NO.5
AGAINST THE PETITIONER VIDE ANNEXURES-A AND B
SERIES RESPECTIVELY, ETC.
IN W.P.NO. 8180/2023:
BETWEEN:
1. M/S. DODDANNAVAR BROTHERS
(REGD. PARTNERSHIP FIRM),
DODDANNAVAR COMPOUND
NEAR FORT, BELGAUM-590 016
REP. BY ITS GENERAL MANAGER
SRI RACHAPPA M. SARADAGI.
...PETITIONER
[BY SRI NITHYA NANDA MURTHY P., ADVOCATE
(ABSENT)]
AND:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY
(MINES) DEPARTMENT OF COMMERCE AND
INDUSTRIES
GOVERNMENT OF KARNATAKA
VIKASA SOUDHA, 1ST FLOOR
DR. AMBEDKAR ROAD
BENGALURU-560 001.
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NC: 2025:KHC:5950-DB
WP No. 7993 of 2023
C/W WP No. 8180 of 2023
WP No. 17232 of 2023
2. THE DIRECTOR OF MINES AND GEOLOGY
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN, 5TH FLOOR
RACE COURSE ROAD
BENGALURU-560 001.
3. STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF FORESTS, ECOLOGY
AND ENVIRONMENT
4TH FLOOR, M.S. BUILDING
DR. AMBEDKAR ROAD
BENGALURU-560 001.
4. THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS
"ARANYA BHAVAN"
18TH CROSS, MALLESWARAM
BENGALURU-560 003.
5. THE DEPUTY CONSERVATOR OF FORESTS
BAGALKOT DIVISION
BAGALKOT-580 001.
...RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
RULE 2(3) OF WRIT PROCEEDINGS RULES, 1977,
PRAYING TO DIRECT THE RESPONDENTS 1 AND 2 TO
GRANT THE EXTENSION/RENEWAL OF MINING LEASE ML
2394, AS IN ANNEXURE-B, IN ACCORDANCE WITH
SECTION 8A(5) OF THE MMDR (AMENDMENT) ACT, 2015
FOR DEEMED EXTENSION WITH IMMEDIATE EFFECT,
ETC.
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WP No. 7993 of 2023
C/W WP No. 8180 of 2023
WP No. 17232 of 2023
IN W.P. NO.17232/2023
BETWEEN:
1. M/S. DODDANNAVAR BROTHERS
(REGD. PARTNERSHIP FIRM)
DODDANNAVAR COMPOUND
NEAR FORT, BELGAUM-590 016
REP. BY ITS GENERAL MANAGER
SRI RACHAPPA M. SARADAGI.
...PETITIONER
[BY SRI NITHYA NANDA MURTHY P., ADVOCATE
(ABSENT)]
AND:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF FORESTS,
ECOLOGY AND ENVIRONMENT
4TH FLOOR, M.S. BUILDING
DR. AMBEDKAR ROAD
BENGALURU-560 001.
2. STATE OF KARNATAKA
REP. BY ITS SECRETARY
(MINES) DEPARTMENT OF COMMERCE AND
INDUSTRIES
GOVERNMENT OF KARNATAKA
VIKASA SOUDHA, 1ST FLOOR
DR. AMBEDKAR ROAD
BENGALURU-560 001.
3. THE DIRECTOR OF MINES AND GEOLOGY
DEPARTMENT OF MINES AND GEOLOGY
KHANIJA BHAVAN
5TH FLOOR, RACE COURSE ROAD
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WP No. 7993 of 2023
C/W WP No. 8180 of 2023
WP No. 17232 of 2023
BENGALURU-560 001.
4. THE PRINCIPAL CHIEF CONSERVATOR
OF FORESTS
"ARANYA BHAVAN"
18TH CROSS, MALLESWARAM
BENGALURU-560 003.
5. THE DEPUTY CONSERVATOR OF FORESTS
BAGALKOT DIVISION
BAGALKOT-580 001.
6. AUTHORIZED OFFICER AND
CHIEF CONSERVATOR OF FORESTS
BELGAVI CIRCLE, BELGAVI
KARNATAKA.
...RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH
RULE 2(3) OF WRIT PROCEEDINGS RULES, 1977,
PRAYING TO QUASH AND SET ASIDE THE IMPUGNED
ORDER BEARING NO.A7/L&D/WP/38914/2016/BGK/2016-17-
84 DATED 03/05/2023 PASSED BY LEARNED AUTHORIZED
OFFICER AND THE CHIEF CONSERVATOR FORESTS,
BELAGAVI CIRCLE, BELAGAVI, IN ANNEXURE-A AND AS A
CONSEQUENCE THEREOF QUASH AND SET ASIDE
DEMAND NOTICE DATED 18TH JUNE 2016 LEVYING
PENALTY OF RS.6,11,00,000/- (RUPEES SIX CRORE
ELEVEN LAKHS) AND DEMAND NOTICE DATED 23.03.2017
FOR PAYMENT OF NET PRESENT VALUE (NPV) OF
RS.2,65,61,200/- (RUPEES TWO CRORES SIXTY FIVE
LAKHS SIXTY ONE THOUSAND AND TWO HUNDRED),
ETC.
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WP No. 7993 of 2023
C/W WP No. 8180 of 2023
WP No. 17232 of 2023
THESE PETITIONS, 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 M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
The record of the order sheet shows that the petitions have
not only been adjourned from time to time, even as learned
advocate for the petitioner remained absent. On 29.01.2025, the
Court had an occasion to pass the following order,
"None was present in the first half. In the
second half also when the petition is called out,
nobody was available to conduct the matter.
Stand over to 05.02.2025 in the larger
interest of justice instead of dismissing the petition
for want of prosecution.
In whichever case the interim order subsists
as on date, the same shall continue to operate till
the next date of hearing."
NC: 2025:KHC:5950-DB
2. The absence of learned advocate for the petitioner continues
on one hand and on the other hand, interim order is operating in
favour of the petitioner.
3. Today also, learned advocate for the petitioner was not
present when the petitions were called out also in the second
round.
4. The Court has no option but to dismiss the petitions for want
of prosecution.
All the petitions are accordingly dismissed for want of
prosecution.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
VMB
