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2023 Supreme(Kar) 409

PRASANNA B. VARALE, ASHOK S. KINAGI
MSPL Limited A Company – Appellant
Versus
State Of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. ASHOK HARANAHALLI, SR. ADVOCATE FOR SRI. M.M. SWAMY, ADVOCATE, SRI. LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE
For the Respondent: SRI. S.S. MAHENDRA, AGA

ORDER :

These writ petitions are filed challenging the constitutional validity of Rule 4(10) of the Karnataka (Prevention of Illegal Mining, Transportation & Storage of Minerals) Rules, 2011 (hereinafter referred to as ‘the Rules of 2011’ for short) and also sought for a mandamus directing the respondents to refund the amount of royalty collected on differential grade of one ore from the petitioner along with interest.

2. Brief facts leading rise to filing of this petition are as under:

The petitioner in W.P.No.19773/2018 has been into mining business for more than 5 decades. The petitioner is a lessee under a subsisting mining lease for mining iron ore (M.L.No.2416 of Vyasankere Village, Hospet Taluk in Ballari District) and the mining lease is valid upto 2022. The petitioner has undertaken forward integration of mining activities and in the process has established iron ore “pellet” manufacturing plant at Halawarthy Village in Koppal Taluk & District. The pellet plant of petitioner is buying the iron ore required for its production through e-auction. It is mandatory to register pellet plant as a mineral base industry under the provisions of the Rules of 2011. The iron ore may be in t

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