Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
VIBHU BAKHRU, C.J., C.M. POONACHA
Attar Fullers Earth – Appellant
Versus
State Of Karnataka Represented By Its Secretary (Msme And Mines), Department Of Commerce And Industries – Respondent
| Table of Content |
|---|
| 1. petitioners seek relief from penalty imposition. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. government acknowledges lack of formal penalty order. (Para 9 , 10 , 11) |
| 3. legal requirement for vehicle document checks outlined. (Para 12 , 13 , 14) |
| 4. natural justice and reasoned orders are mandatory. (Para 16 , 17) |
| 5. no valid orders issued; fee collection unauthorized. (Para 18 , 19 , 20) |
| 6. compounding fee collection deemed without legal authority. (Para 21 , 22) |
| 7. authorities may issue show cause notice post-judgment. (Para 23 , 24) |
| 8. petition allowed under specified terms. (Para 25) |
ORDER :
VIBHU BAKHRU, CJ.
1. Petitioners have filed the present petition, inter alia praying as under :
"a) Issue a writ or order in the nature of certiorari or any other appropriate writ, order, or direction to quash the imposition of penalty dated 03.01.2025, by the respondent No.3 : Senior Geologist, illegally levying penalty of Rs.87,750/- (Rupees Eighty- seven thousand seven hundred and fifty only) for each vehicle and recovery of Rs.2,63,250/- (Rupees Two lakh sixty-three thousand two hundred and fifty only);
b) Issue a writ or order in the nature of mandamus, directing respondent No.3 to r
Any penalty imposed without lawful adjudication and reasoned orders is unconstitutional, violating principles of natural justice and authority under relevant statutes.
The judgment clarified the legal requirements for transporting minor minerals and the consequences of non-compliance with the Haryana Minor Mineral Concession Rules.
The court reaffirmed the authority of state governments to impose penalties under minor mineral concession rules, emphasizing that such penalties are lawful per Sections 14, 15, and 21 of the MMDR Ac....
Point of law: The Licensee who contravenes the provisions of these rules deals with storing, stocking and transportation of minerals, either in raw form and / or subjected the mineral/s to beneficia....
Penalties on stockyard dealers for alleged shortages of sand must be explicitly provided for in law; arbitrary imposition of penalties without statutory backing is impermissible.
The court validated the authority of the state to impose penalties for unauthorized quarrying, establishing compliance with statutory rules as per the MMDR Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
