- 1 - HC-KAR NC: 2025:KHC:44523 WP NO.24703 OF 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.24703 OF 2022 (GM-RES) BETWEEN: GOVERNMENT OF KARNATAKA BY ITS SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES) VIKASA SOUDHA, BENGALURU - 560 001. …PETITIONER (BY SRI. MAHANTESH SHETTAR, AGA) AND: 1. NATIONAL COMISSION FOR SCHEDULE CASTES 5TH FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI - 110 003. REP. BY ITS SECRETARY. 2. UNDER SECRETARY NATIONAL COMMISSION FOR SCHEDELED CASTES 5TH FLOOR, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI - 110 003. REP. BY ITS SECRETARY. 3. M/S VIJAYA STONE CRUSHERS SY. NO. 9/P12, PANDITANAHALLI, TUMKUR TALUK AND DISTRICT - 572 104. REP. BY ITS PARNTER …RESPONDENTS (BY SRI. KUMAR M.N., ADVOCATE FOR R1 AND R2; SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE FOR R3) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44523 WP NO.24703 OF 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE RECOMMENDATION AND ADVISE AS CONTAINED IN THE RECORD NOTE OF DISCUSSION ENCLOSED WITH THE COMMUNICATION DATED 17TH FEBRUARY, 2022 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-F, TO THE EXTENT IT DIRECTS THE PETITIONER TO INVOKE SPECIFIC PROVISION OF THE KARNATAKA MINOR MINERAL CONCESSION RULES 1994, IS ULTRA VIRES THE POWERS CONFERRED ON THE NATIONAL COMMISSION FOR SCHEDULED CASTES AND THEREFORE IS ILLEGAL AND ARBITRARY; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition the petitioner-Government is seeking to declare that the recommendation and advise as contained in the record note of discussion enclosed with the communication dated 17th February, 2022 (Annexure-F) issued by the respondent No.1 to an extent it directs the petitioner to invoke specific provision of the Karnataka Minor Mineral Concession Rules, 1994 is ultra vires the powers conferred on the National Commission for Scheduled Castes and therefore is illegal and arbitrary. 2. Heard Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the petitioner- Government; Sri. Kumar M.N., learned counsel appearing for - 3 - HC-KAR NC: 2025:KHC:44523 WP NO.24703 OF 2022 respondents 1 and 2; and Sri. Ganapathi Bhat Vajralli, learned counsel appearing for the respondent No.3. 3. Learned Additional Government Advocate appearing for the petitioner invited the attention of the Court to the letter dated 17th February, 2022 (Annexure-F) and contended that the respondent No.1 constituted under Article 338 of the Constitution of India has no jurisdiction to direct the petitioner- Government Department to submit the facts and information in respect of the action taken on the allegations/matters within the time frame. 4. Per contra, learned counsel appearing for respondents places reliance on the judgment of the Division Bench of this Court in Writ Petition No.1197 of 2023 decided on 05th April, 2023, wherein, the Division Bench of this Court, having taken note of the submission made thereunder, disposed of the writ petition, directing the respondent No.4- Authority therein to decide the application made by the respondent No.3 herein as expeditiously as possible. 5. In that view of the matter, since the Division Bench of this Court in the aforesaid writ petition had passed order - 4 - HC-KAR NC: 2025:KHC:44523 WP NO.24703 OF 2022 against the petitioner-Government, the prayer made in the present petition does not survive for consideration. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 5