OF KARNATAKA AT BENGALURU DATED THIS THE 24 TH DAY OF OCTOBER v. ANJARIA

SRI VIJAY KUMAR S/O. NANDALAL SHARMA. (BY SRI MANJUNATH G. KANDEKAR, ADVOCATE) AND: …PETITIONER

THE STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY M. S. BUILDING, AMBEDKAR VEEDHI, BANGALORE – 560 001. MARIMUTHU Location: High Court of Karnataka - 2 - NC: 2024:KHC:42849-DB WP No. 13934 of 2024

DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, SPOORTHI LAYOUT BADDIHALLI, RING ROAD, TUMKURU – 572 104. (BY SMT. NILOUFER AKBAR, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE 2ND RESPONDENT IN No. GABUE/UNITHU/KAGAGU/NOTICE/2023-24 AND ALLOW THE WRIT PETITION AND ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING ANNEXURE-A NOTICE DATED

13.03.2024 ISSUED BY THE 2ND RESPONDENT IN No. GABUE/UNITHU/KAGAGU/NOTICE/2023-24 AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - NC: 2024:KHC:42849-DB WP No. 13934 of 2024 ORAL ORDER (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Annappa for learned advocate Mr. Manjunath G. Kandekar the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar for the respondents who appeared upon service of copy of this petition in advance.

2. What is sought to be called in question in this petition filed under Article 226 of the Constitution, is notice dated 13.03.2023, whereby respondent No.2-the Deputy Director, Department of Mines and Geology, Tumkuru has required the petitioner-industry to seek and get registration under Rule 15-B of the Karnataka Minor Mineral Concession Rules, 1994.

The notice is indicative that it is a notice issued under Rule 15-B of the aforesaid Rules as amended in 2023. It requires the petitioner-industry to get registered within the period of 90 days and pay the registration fees to further state that the failure would entail the levy of fine. - 4 - NC: 2024:KHC:42849-DB WP No. 13934 of 2024

Learned advocate for the petitioner would submit that the petitioner is a small and micro scale industry which would not fall within the purview of aforesaid Rule and therefore, shall not be liable to be registered. Be that as it may. It is for the competent authority to examine the merits.

4.1. Learned Additional Government Advocate would submit that M/s. Shanthala Marbles and Granites Vs. The State of Karnataka and another which is Writ Petition No.14024 of 2024, similar fact situation was posed before the Court, wherein similar notice was under challenge and the Court relegated the petitioner to the authorities permitting the petitioner to file reply.

Since the controversy is only at the notice stage and the petition is filed at such stage, the petitioner is at liberty to respond to the notice.

5.1 The competent authority shall decide about the registration of the petitioner-industry strictly in accordance with law as per the Rules and after taking into account the stand of the petitioner.

This Court has not expressed any opinion on the merits of the case of the either side and has not gone into the merits. The - 5 - NC: 2024:KHC:42849-DB WP No. 13934 of 2024 petition is not entertained accordingly as it is pre-mature relegating the petitioner as above and requiring the authorities to take decision and to complete the entire exercise within two months from today.