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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
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 refund an amount of Rs.2,63,250/- (Rupees Two lakh sixty-three thousand two hundred and fifty only), which was coercively recovered by from the petitioners, along with interest from the date of payment to the date of refund;
c) Issue a writ or order in the nature of mandamus directing the respondents to abstain/desist from taking any action against the legally transported minor mineral on production of the documents for having purchased the minerals;
d) Pass such other orders as may be deemed fit and proper in the interest of justice."
2. The petitioners have filed the present petition, essentiall
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.
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