Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 55616 (KAR)

M/S. ETERNAL GRANITES v. THE STATE OF KARNATAKA

WP/23397/2025 · 2025-08-19

C M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32021-DB WP No. 23397 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 23397 OF 2025 (GM-MM-S) BETWEEN: 1. M/S. ETERNAL GRANITES REPRESENTED BY ITS MANAGING PARTNER PREETHI PRASAD D/O LATE M.K.PRASAD AGED ABOUT 63 YEARS OFFICE AT NO.05, 3RD FLOOR G.N.R.COMPLEX, KODIHALLI MAIN ROAD NEAR K.N.S.CIRCLE, KANAKAPURA RAMANAGARA DISTRICT - 562 117. …PETITIONER (BY SRI RAHUL S. REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MINES AND GEOLOGY NO.49, KANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. 2. THE DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY NO.49, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32021-DB WP No. 23397 of 2025 3. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY APPAJI LAYOUT, KOTTIPURA VILLAGE NEAR VADERAHALLI RAILWAY GATE RAMANAGARA - 562 159. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI BY QUASHING THE NOTICE DATED 05.05.2025 IN No.Ga.Bhoo.Ee/U.Ni.Raa/Ka.Ga.Gu- 331/2025-26/486 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-J; b) ISSUE A WRIT OF CERTIORARI BY QUASHING THE ENDORSEMENT DATED 12/06/2025 IN No.Ga.Bhoo.Ee/U.Ni.Raa/Ka.Ga.Gu-331/2025-26 / 1539-42 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-K, AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32021-DB WP No. 23397 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. The petitioner has filed the present petition, impugning an order dated 12.06.2025 [impugned order], directing the petitioner to pay five times the royalty amount. 2. The learned Additional Government Advocate appearing for the State submits that the petitioner has an efficacious remedy by way of a revision under Rule 53 of the Karnataka Minor Mineral Concession Rules, 1994. 3. In view of the above, we do not consider it apposite to entertain the present petition. The same is disposed of, with liberty to the petitioner to avail of the alternate remedies. The petitioner would also be at liberty to seek exclusion of the time spent in pursuing the present petition, for the purposes of limitation. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS