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    M/S SRI NANDI MINING CO PVT LTD v. THE STATE OF KARNATAKA

    1

    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 22NDDAY OF JULY 2015

    PRESENT

    HON'BLE MR.SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE

    AND

    HON'BLE MRS.JUSTICE B.V.NAGARATHNA WRIT PETITION NO.8329/2012(GM-MM-S)

    BETWEEN

    M/S. SRI NANDI MINING CO. PVT. LTD., DOOR NO. 125/B, 14TH WARD L B COLONY, SANDUR-583119

    BELLARY DISTRICT

    REP BY ITS MANAGING DIRECTOR

    B RUDRAGOUDA, 36 YEARS

    ... PETITIONER

    (BY SRI K B SHIVA KUMAR, ADVOCATE)

    AND

    1. THE STATE OF KARNATAKA

    REP BY ITS SECRETARY

    DEPARTMENT OF INDUSTRIES & COMMERCE VIKASA SOUDHA, BANGALORE-560001

    2. THE DIRECTOR

    DEPARTMENT OF MINES & GEOLOGY

    NO.49, KHANIJA BHAVAN

    RACE COURSE ROAD

    BANGALORE-560001

    3. THE SECRETARY

    MINISTRY OF STEEL & MINES

    UNION OF INDIA

    SHASTRI BHAVAN

    NEW DELHI-110001

    4. M/S. NATIONAL MINERAL DEVELOPMENT CORPORATION LTD., NO.10-3-311/A

    2

    CASTLE HILL, MASAB TANK

    HYDERABAD-500028

    REP BY ITS EXECUTIVE DIRECTOR

    ... RESPONDENTS

    (BY SRI Y H VIJAYAKUMAR, AGA FOR R-1 TO 3; SRI D R RAVISHANKAR, ADVOCATE FOR R-4)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226

    AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

    QUASH ANNEXURE-R PASSED IN APPLICATION NO.317 AML

    2008 DATED 10.01.2012 PASSED BY RESPONDENT NO.2 AND

    ETC.,

    THIS WRIT PETITION COMING ON FOR PRELIMINARY

    HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE

    FOLLOWING:

    ORDER

    By filing this writ petition under Article 226 of the Constitution of India, the petitioner impugns the decision of the Director of Mines and Geology dated January 7, 2012, in Application No.317 AML 2008, regarding grant of mining lease for iron ore and manganese in Sandur taluk, Bellary district.

    2. Mr.D.R.Ravishankar, learned advocate appearing for the respondent No.4, takes a preliminary objection. He submits that under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957, a revision is provided against such order before the Central government.

    3. The Supreme Court of India, in a similar situation, in the case of STATE OF GOA AND OTHERS versus A.H.JAFFAR

    3

    AND SONS reported in AIR 1995 SC 333, held that when a provision for revision has been provided under the statute, it was proper to approach the Central government and not to approach the High Court in the constitutional writ jurisdiction.

    4. We, therefore, dismiss the writ petition without entering into the merits, but record that this order of dismissal shall not prevent the petitioner to approach the revisional authority in accordance with law.

    5. We make no order as to costs. Sd/-

    ACTING CHIEF JUSTICE

    Sd/-

    JUDGE

    bkv

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    M/S SRI NANDI MINING CO PVT LTD v. THE STATE OF KARNATAKA
    (Jul 22, 2015)