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2025 DAILYLAW 69456 (KAR)

M/S JAYKAYCEM LIMITED v. THE STATE OF KARNATAKA

WP/1122/2008 · 2025-12-01

C M Poonacha

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49947-DB WP No. 1122 of 2008 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 1122 OF 2008 (GM-MM-S) BETWEEN: 1. M/S JAYKAYCEM LIMITED (SUBSIDIARY OF J.K. CEMENT LTD.,) A COMPANY REGISTERED UNDER COMPANY ACT HAVING ITS OFFICE AT 529/1 SAI NAGAR, MUDHOL DIST: BAGALKOT REPRESENTED BY ITS GENERAL MANAGER (ADMINISTRATION) SHRI HEMANT SHARMA …PETITIONER (BY SRI D L N RAO SENIOR ADVOCATE A/W SRI ANIRUDH ANAND, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT 1ST FLOOR, VIKASA SOUDHA BANGALORE - 560 001 2. COMMISSIONER AND DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, RACE COURSE ROAD Digitally signed by VEERENDRA KUMAR K M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49947-DB WP No. 1122 of 2008 KHANIJA BHAWAN BANGALORE - 560 009 3. M/S KATWA UDYOG LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, HAVING ITS REGISTERED OFFICE AT JYOTI TOWER, 215/2 KARBHAR GALLI, 6TH CROSS NAZAR CAMP, M. VADGAON BELGAUM - 590 005 REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 & R-2 SRI GAUTAM S. BHARADWAJ, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 4TH/5TH SEPTEMBER, 2007 (ANNEXURE-A) PASSED BY THE 2ND RESPONDENT SO FAR AS GRANT OF RENEWAL OF MINING LEASE IN FAVOUR OF THIRD RESPONDENT IS CONCERNED & ETC. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:49947-DB WP No. 1122 of 2008 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present writ petition impugning an order dated 05th September, 2007 (Order bearing No.DMG:149 AML 01:2007-08/7249 RML 1858). 2. It is stated that the said order was set aside by the Revisional Authority in terms of the order dated 30.11.2010 (Final Order No.561/2010 in Revision Application File No.13/07/2008-RC.I) captioned, 'Shri Atul B.Shah v. State Government of Karnataka'. 3. M/s Katwa Udyog Limited is also impleaded in the said revision application. 4. Assailing the said revisional order, M/s Katwa Udyog Limited filed a writ petition being WP No.9581/2011, which was dismissed by an order dated 31.03.2016. 5. The said writ petitioner (M/s Katwa Udyog Limited) had filed a Special Leave Petition being SLP No.16021/2016 before the Supreme Court seeking leave to appeal against the order dated - 4 - HC-KAR NC: 2025:KHC:49947-DB WP No. 1122 of 2008 31.03.2016 passed in W.P.No.9581/2011(GM-MM-S). However the said SLP was also dismissed by an order dated 26.08.2025. 6. The learned counsel for the parties submitted that in view of the above, the present petition does not survive as the impugned order has already been set aside. 7. In view of the above, present writ petition is accordingly disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KMV List No.: 2 Sl No.: 0