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2009 Supreme(Kar) 256

P.D.DINAKARAN, V.G.SABHAHIT
V. S. Lad & Sons – Appellant
Versus
State of Karnataka – Respondent


Advocates appeared
S. Vijayashankar, Sr. Counsel for K. N.
Phanindra, for Petitioner; Udaya Halla, Advocate General with B. Veerappa Govt. Advocate, for Respondents.

Judgment

P. D. DINAKARAN, C. J.:- Whether the report of the Lokayukta could be the basis for registering the First Information Report dated 3-2-2009 against the petitioner and to pass an order dated 3-2-2009 seizing the iron ore alleged to have illegally mined in the forest area as well as the tools, vehicles and machinery used for such illegal mining; and whether such FIR and the order of seizure can be quashed by exercising the power of judicial review under Article 226 of the Constitution of India, are the questions that arise for our consideration in the present writ petition.

1.2 The petitioner is a registered Partnership Firm. The petitioner is in the field of mining since 1956.

1.3 The petitioner was originally granted a mining lease in the year 1956 bearing M. L. No. 1524 for extracting iron ore for a period of twenty years over an extent of 161.38 hectares in Lakshimpura village. Sandurtaluk. Bellary District. which was extended further for a period of twenty years from 6-7-1978 with effect from 31-7-1976 and the same expired on 31-7-1996.

1.4 When the petitioner sought for second renewal of the said mining lease dated 31-7-1996, the petitioner filed an application seeking cle















































































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