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2025 DAILYLAW 74426 (KAR)

BALAJISWAMY PREMIUM STEEL PRIVATE LIMITED v. THE DIRECTOR OF MINES AND GEOLOGY

WP/14609/2025 · 2025-10-16

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41308-DB WP No. 14609 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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. 14609 OF 2025 (GM-MM_S) BETWEEN: BALAJISWAMY PREMIUM STEEL PRIVATE LIMITED SURVEY NO. 249 AND 227A, H. SIDDAPURA ROAD, VILLAGE HALKUNDI, BELLARY TALUK, BELLARY DISTRICT, KARNATAKA STATE-583 101, REPRESENTED BY ITS MANAGING DIRECTOR. …PETITIONER (BY SRI. XAVIER MARIA JOSEPH, ADVOCATE) AND: 1. THE DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF KARNATAKA, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001. 2. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY, GOVERNMENT OF KARNATAKA, KHANIJA BHAVAN, RACE COURSE ROAD, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41308-DB WP No. 14609 of 2025 BENGALURU-560 001. …RESPONDENTS (BY SRI. K.S. HARISH, GA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO THIS HONBLE COURT DATED 02.03.2018 IN WP No-34799/2017 VIDE ANNEXURE-D INTER ALIA ON THE GROUND OF PETITIONER BEING SIMILARLY SITUATED AS THE PETITIONER IN WP No- 34799/2017 AS AVERRED IN WP PARA-6 DIRECT THE RESPONDENT No-1 TO CONSIDER THE PETITIONERS REPRESENTATION ANNEXURE-E DATED 22.10.2024 SUBMITTED FOR GRANT OF PERMISSION TO SELL/ MINERAL DISPATCH PERMIT AS PER PETITIONERS MONTHLY RETURNS, THE LAST AND FINAL MONTHLY RETURN ANNEXURE-C DATED 18.12.2024 AND 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 states that it has established an industry to produce sponge iron, which is used to manufacture iron and steel products. The petitioner claims that for the purpose of production, it procures iron ore lumps in e-auctions conducted by the Monitoring Committee appointed by the Hon'ble Supreme Court of India. The petitioner also contends that the raw materials are used for - 3 - HC-KAR NC: 2025:KHC:41308-DB WP No. 14609 of 2025 production and the process also results in by-products. Thus, the petitioner not only owns the stock of raw materials as procured by it, but also the finished products and the by-products, which are produced as a result of the manufacturing activity. The petitioner's grievance is that it has not been permitted to dispose of the by- products and necessary permits for them have not been granted. 2. Learned counsel for the petitioner submits that the petitioner would be satisfied, if directions are issued to the respondents to consider the representation dated 22.10.2024. 3. Mr. K.S.Harish, learned Government Advocate appearing for the respondents submits that communications have been sent to the petitioner in response to the representation dated 22.10.2024 and the petitioner has been called upon to produce certain documents. He submits that if necessary documents are made available, the concerned authorities would issue necessary permit, after it satisfying with the said documents. 4. Learned counsel for the petitioner countering the said submission submits that no communications have been received by the petitioner. - 4 - HC-KAR NC: 2025:KHC:41308-DB WP No. 14609 of 2025 5. Mr. Harish, learned Government Advocate submits that he has a soft copy of the said communications and would share the same with the learned counsel for the petitioner. 6. In the aforesaid circumstances, we direct the petitioner to respond to the communications and furnish the necessary documents required within a period of 4 weeks from today. The concerned authority shall take an informed decision in respect of the representation dated 22.10.2024 within a period of four weeks thereafter. It is clarified that if the petitioner fails to provide the documents as sought for, the concerned authority shall proceed to decide the representation on the basis of the available records. 7. The petition is accordingly, disposed of with the aforesaid directions. 8. Pending applications, if any, also stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND/List No.: 1 Sl No.: 56