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Smart Summary

Factual and Procedural Background

The court heard arguments and addressed procedural matters. On a request by Shri Annam D.N. Rao, learned counsel for Respondent 9, the court granted four weeks’ time to Respondent 9 to file a rejoinder in response to objections filed by Respondent 4.

The Superintending Archaeologist, State of Karnataka, was impleaded as a party and directed to file an affidavit on the present status of the temple in question, specifically stating whether mining activities have already damaged the temple. Additionally, the Superintending Archaeologist, Government of India, was directed to indicate whether any other mining activities are being carried on in the vicinity of the temple and, if so, identify the licensees.

The matter was ordered to be listed on 18-2-2011.

Legal Issues Presented

The opinion addresses a procedural matter and does not frame distinct legal issues.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

This order is procedural in nature. The court granted time for Respondent 9 to file a rejoinder based on counsel’s request. It also directed the collection of factual information relevant to the temple and surrounding mining activities by:

  • Impleading the Superintending Archaeologist, State of Karnataka, and directing an affidavit on the temple’s current status and any damage from mining.
  • Directing the Superintending Archaeologist, Government of India, to indicate whether mining activities are being carried on in the vicinity and to identify the licensees, if any.

No further legal analysis or findings were provided in the order.

Holding and Implications

INTERIM DIRECTIONS ISSUED; TIME GRANTED; IMPLEADMENT AND AFFIDAVIT ORDERED

Direct effects:

  • Respondent 9 is granted four weeks to file a rejoinder to Respondent 4’s objections.
  • The Superintending Archaeologist, State of Karnataka, is impleaded and must file an affidavit regarding the temple’s status and any mining-related damage.
  • The Superintending Archaeologist, Government of India, must indicate whether mining is being carried on in the vicinity and identify the licensees, if any.
  • The case is listed for further proceedings on 18-2-2011.

The order sets procedural timelines and information-gathering directives; it does not resolve the merits and sets no new precedent.

    K. Guruprasad Rao v. State Of Karnataka And Others

    Order

    1. Arguments heard. In the light of the request of Shri Annam D.N Rao, learned counsel for Respondent 9, for grant of time to his client to file rejoinder in the context of the objections filed on behalf of Respondent 4, four weeks' time is granted for the purpose.

    2. The Superintending Archaeologist, State of Karnataka is impleaded as party and is directed to file an affidavit on the present status of the temple in question specifying as to whether or not the mining activities have already damaged the temple. In the affidavit to be filed, the Superintending Archaeologist, Government of India should indicate whether any other mining activities are to be carried on (sic are being carried on) in the vicinity of the temple and, if so, who are the licensees.

    3. List on 18-2-2011.

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    K. Guruprasad Rao v. State Of Karnataka And Others
    (Jan 14, 2011)