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Mspl Limited v. Union Of India

Karnataka High Court
Dec 14, 2016

1. Issue notice to the respondents.

2. Mr. K.A Ariga, learned Central Government Counsel, accepts notice for the respondent No. 1.

3. Mr. I. Tharanath Poojary, learned additional government advocate, accepts notice for the respondent Nos. 2 and 3.

4. Therefore, formal service of notice to the respondents is dispensed with.

5. Mr. Swamy M.M, learned advocate appearing for the writ petitioner, relies upon the decision of this Court in SMT. A.V SHAKUNTALA v. UNION of INDIA in Writ Petition Nos. 36461 to 36463 of 2016 and connected matters, dated December 1, 2016. He submits that his client has complied with all the formalities. He draws our attention to Annexure-C to the writ petition dated February 9, 2004, which has been a communication from the office of the Under Secretary to Government (Mines), Department of Commerce and Industries, to the Secretary to Government, Department of Commerce and Industries (Mines, SSI and Textiles), where recommendations were made to grant mining lease for iron ore and manganese ore in favour of the writ petitioner. Therefore, he submits that the writ petitioner is entitled for the mining lease.

6. We feel that there are correspondences to show that there were intentions on the part of the authorities to grant mining lease in favour of the writ petitioner.

7. We direct the authorities to consider, grant and execute the mining lease in favour of the writ petitioner upon compliance of all formalities in the light of our decision in SMT. A.V SHAKUNTALA (supra), by December 31, 2016.

8. The writ petition stands disposed of.

9. We make no order as to costs.