Twenty First Century Wire Rods Ltd. v. Union Of India, Karnataka High Court, Judgment, Law, casemine.com

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Case Number

Writ Petition No. 63900 of 2016 (GM-MM-S)

Attorney(S)

Mr. M. Vinaya Keerthy, Advocate
Mr. K.M. Nataraj, Additional Solicitor General A/W Sri. K.A. Ariga, CGC, for R-1
Dr. Aditya Sondhi, Additional Advocate General A/W Sri. V.G. Bhanu Prakash, AGA, for R-2 to R-3

Judges

Subhro Kamal Mukherjee, C.J.
Budihal R.B., J.

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Twenty First Century Wire Rods Ltd. v. Union Of India

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ndDAY OF JANUARY, 2017

PRESENT

THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,

CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NO.63900 OF 2016 (GM-MM-S)

BETWEEN :

TWENTY FIRST CENTURY WIRE RODS LTD.

A COMPANY INCORPORATED UNDER THE

COMPANIES ACT, 1956

HAVING ITS OFFICE AT

# 408, 12^THMAIN,

SADASHIVANAGAR

RMV EXTN.,

BENGALOORU - 560 080

REPRESENTED BY ITS

CHAIRMAN & MANAGING DIRECTOR

VINOD GOEL ... PETITIONER

(BY MR.M.VINAYA KEERTHY, ADVOCATE)

AND :

1. UNION OF INDIA

REPRESENTED BY ITS SECRETARY

MINISTRY OF MINES

SHASTRI BHAVAN,

NEW DELHI - 110 001.

2. STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

DEPARTMENT OF COMMERCE

& INDUSTRIES

VIDHANA SOUDHA,

AMBEDKAR VEEDHI

BENGALOORU - 560 001.

3. DIRECTOR

DEPARTMENT OF MINES

& GEOLOGY

KHANIJA BHAVAN,

RACE COURSE ROAD

BENGALOORU - 560 001. ... RESPONDENTS (BY MR.K.M.NATARAJ,, ADDITIONAL SOLICITOR GENERAL A/W SRI.K.A.ARIGA, CGC, FOR R-1

DR.ADITYA SONDHI, ADDITIONAL ADVOCATE GENERAL A/W SRI.V.G.BHANU PRAKASH, AGA, FOR R-2 TO R-3) ---

This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondents to consider the application of the petitioner at Annexure-A and grant mining lease in its favour for carrying out mining activity over an extent of 149.73 hectares in Ingalagi Village, Hospete Taluk, Bellary District and etc.

This petition coming on for Preliminary Hearing this day, THE CHIEF JUSTICE made the following:

ORDER

This is a writ petition seeking, in substance, a mandamus to issue mining lease in favour of the writ petitioner on the ground that there has been a letter of intent on behalf of the State Government to grant the lease.

2. Our attention is drawn to the decision of the Supreme Court of India in the case of BHUSHAN POWER AND STEEL LIMITED versus MR.S.L.SEAL, ADDITIONAL SECRETARY (STEEL AND MINES), GOVERNMENT OF ODISHA AND OTHERS in Contempt Petition (Civil) No.275 of 2016 in Contempt Petition (Civil) No.374 of 2012 in Civil Appeal No.2790 of 2012, where it has been held that there could not have been any letter of intent by the State Government unless there has been a previous approval of the Central Government. The previous approval of the Central Government has been essential.

3. Admittedly, in this case, there was no previous approval by the Central Government. Therefore, we do not find any merit in the writ petition.

4. The writ petition stands dismissed.

5. There will be no order as to costs. Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Twenty First Century Wire Rods Ltd. v. Union Of India

Twenty First Century Wire Rods Ltd. v. Union Of India

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