- 1 - 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), 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 Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:5950-DB 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) - 3 - NC: 2025:KHC:5950-DB 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. - 4 - 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. - 5 - NC: 2025:KHC:5950-DB 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 - 6 - NC: 2025:KHC:5950-DB 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. - 7 - NC: 2025:KHC:5950-DB 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." - 8 - NC: 2025:KHC:5950-DB WP No. 7993 of 2023 C/W WP No. 8180 of 2023 WP No. 17232 of 2023 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 List No.: 1 Sl No.: 98