Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 72089 (KAR)

M/S SUCHITA MILLENIUM PROJECTS PVT LTD v. STATE OF KARNATAKA

WP/201434/2025 · 2025-10-23

C M Poonacha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:41825-DB WP No. 201434 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 201434 OF 2025 (GM-MM-S) BETWEEN: 1. M/S SUCHITA MILLENIUM PROJECTS PVT. LTD. ALI COLONY, CHANDRABANDA ROAD RAICHUR REPRESNTED THROUGH ITS SITE INCHARGE UDAYA PRATAP SINGH THAKUR S/O SURESH SINGH THAKUR AGE: 38 YEARS OCC: SITE INCHARGE OF M/S SUCHITA MILLENIUM PROJECTS PVT. LTD. ALI COLONY, CHANDRABANDA ROAD RAICHUR. …PETITIONER (BY SRI VINAYAKA V.S., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH DEPUTY COMMISSIONER RAICHUR DIST: RAICHUR - 584 101. 2. THE ASSISTANT COMMISSIONER RAICHUR SUB-DIVISION RAICHUR DIST: RAICHUR - 584 101. Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41825-DB WP No. 201434 of 2025 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAICHUR - 584 101. …RESPONDENTS (BY SRI K.S. HARISH, GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WHEREFORE ISSUE A WRIT OF CERTIORARI BY QUASH THE IMPUGNED NOTICE NO. 2 NO.GaBhuE/RaaKhaVi/AaMooGa/NOTICE/ 2025-26/281 DATED 17.04.2024 AT ISSUED BY THE RESPONDENT NO. 3 VIDE ANNEXURE-N AND FURTHER DIRECT ADDL. DIRECTOR TO RECONDUCT THE INSPECTION TO ASCERTAIN IF ANY EXCESS QUANTITY IS UNDERTAKEN & ETC. THIS PETITION, COMING ON FOR PRELIMINARY 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 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed an application - I.A.No.2/2025 seeking early hearing of the above captioned petition. The present - 3 - HC-KAR NC: 2025:KHC:41825-DB WP No. 201434 of 2025 petition was listed on 26.09.2025, but was adjourned as none had appeared on behalf of the petitioner. 2. Learned counsel for the petitioner submits that the matter is of grave urgency, as the entire mining activity has come to a standstill by virtue of the order impugned in the present petition. 3. The petitioner has filed the present petition, inter alia, impugning an order dated 17.04.2025 passed by respondent No.3 [Senior Geologist], imposing a penalty of Rs.1,88,25,600/- under Rule 42 of the Karnataka Minor Mineral Concession Rules, 1994 [hereafter 'the 1994 Rules']. 4. Concededly, the petitioner has an alternate remedy of a revision under Rule 53 of the 1994 Rules. In view of the above, we decline to entertain the present petition. 5. We however clarify that if the petitioner prefers a revision petition against the order impugned in the present petition within a period of two weeks from date, the same would be considered on merits, uninfluenced by the question of delay. - 4 - HC-KAR NC: 2025:KHC:41825-DB WP No. 201434 of 2025 6. Pending applications stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KS List No.: 1 Sl No.: 43