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2022 Supreme(Online)(Kar) 37298
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2022
PRESENT
THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.52914 OF 2017 (GM-MM-S)
BETWEEN:
SRI B R YOGEENDRANATH SINGH
S/O LATE B.K.R.N. SINGH,
AGED ABOUT 83 YEARS,
R/O SRI HAYAVADANA PRASANNA,
SINGH COLONY, OLD CHECK POST,
NEAR APMC MARKET, HOSPETE - 583 203
BELLARY DISTRICT.
... PETITIONER
(SRI.B.R.YOGEENDRANATH SINGH-PETITIONER DEAD
VIDE ORDER DATED 03.03.2022, MEMO FOR RETRIREMENT
FILED BY PETITIONERS COUNSEL IS ACCEPTED)
AND:
1 .
STATE OF KARNATAKA
DEPARTMENT OF COMMERCE AND INDUSTRY,
VIKASA SOUDHA,
DR B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2 .
DIRECTOR/COMMISSIONER
DEPARTMENT OF MINES & GEOLOGY,
NO.49, KHANIJA BHAWAN,
RACE COURSE ROAD,
BENGALURU - 560 001.
3 .
SENIOR GEOLOGIST (MINERALS)
DEPARTMENT OF MINES OF GEOLOGY,
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SHIMOGA - 577 201.
4 .
DEPUTY CONSERVATOR OF FOREST
SAGARA DIVISION,
SAGARA - 577 401
SHIMOGA DISTRICT.
5 .
DEPUTY COMMISSIONER
SHIMOGA DISTRICT,
SHIMOGA - 577 201.
6.
SRI K.C. SUBRAMANYA BHAT,
S/O. CHIDAMBARA BHAT
AGED ABOUT 60 YEARS
RESIDING AT HOSAKOPPA
MALUR POST,
SAGAR TALUK
SHIMOGA DISTRICT – 577 114.
... RESPONDENTS
(BY SRI S.S. MAHENDRA, AGA FOR R-1 TO R-5 &
SMT. P. ANU CHENGAPPA, ADVOCATE FOR R-6)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT AUTHORITES, MORE PARTICULARLY THE 3RD
RESPONDENT - SENIOR GEOLOGIST TO ISSUE MINERAL
DISPATCH PERMITS TO THE PETITIONER FOR LIFTING /
TRANSPORTATION OF IRON ORE TO THE TUNE OF 1,88,328 MT
LYING IN THE SY. NO. 116, 135 AND 207 MEASURING 18 ACRES
(7.29 HECTARES) SITUATED AT MARATI VILLAGE, SAGARA
TALUK, SHIMOGA DISTRICT IN THE LIGHT OF THE ORDER
PASSED
IN
W.P.
NO.20490/2007
DATED
15.1.2009
(ANNEXURE-“P”) AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
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Heard.
2.
The writ petition has been filed seeking
following reliefs:
“i. Issue a Writ of Mandamus directing the
Respondent Authorities, more particularly the
3rd Respondent – Senior Geologist to issue
Mineral Dispatch Permits to the Petitioner for
lifting/transpiration of IRON Ore to the tune of
1,99,328 MT lying in the in Sy.No.116, 135 and
207 measuring 18 Acres (7.29 Hectares)
situated
at
Marati
Village,
Sagara
Taluk,
Shimoga District in the light of the order passed
in W.P.20490/2007 dt. 15.01.2009 (Annexure
“P”); and
AND/OR
ALTERNATEIVELY
ii. Issue a Writ of Mandamus directing the 3rd
Respondent – Senior Geologist to consider the
representation dated 01.08.2010 made by the
Petitioner for lifting/transportation of Iron Ore
lying in the in SY.No.116, 135 and 207
measuring 18 Acres (7.29 Hectares) situated at
Marati Village, Sagara Taluk, Shimoga District
(Produced as Annexure “A”); and
iii. Issue such other Writ or order as deemed
necessary in the facts and circumstances of the
above Petition, in the interest of justice and
equity.”
3.
The advocate on record has filed memo for
retirement. The same is accepted.
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4.
Sri.Rajeshwar Singh, son of the petitioner-
Sri.B.R.Yogeendranath Singh is before the Court. He is
identified by Sri.Venkatesh Babu, learned advocate. It is
informed
by
him
that
the
sole
petitioner-
Sri.B.R.Yogeendranath Singh
has died on 17.04.2021.
Sri.Rajeshwar Singh wants to be impleaded in place of the
sole petitioner.
5.
Learned counsel for respondent No.6 as well as
learned Additional Government Advocate appearing for
respondent Nos.1 to 5 submit that the writ petition was
filed seeking a direction for issuance of mineral dispatch
permit in favour of the petitioner. The alternative reliefs
claimed
was
to
consider
the
representation
dated
01.08.2010 made by the petitioner for lifting/transport of
iron ore lying in survey Nos.116, 135 and 207 measuring
18 acres situated at Marati village, Sagara Taluk, Shimoga
District.
It is submitted that the writ petition was filed in
the year 2017 relating to the renewal of permit pertaining
to the lease, which expired in the year 2007.
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7.
Considering the facts and circumstances of this
case, we are of the considered view that once the petitioner
has died, the relief claimed by the petitioner cannot be
granted and the writ petition stand abated. The petitioner in
the given facts cannot be substituted by his legal heirs.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
VM
