IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 103272 OF 2023 (GM-RES)

BETWEEN:

1. SRI. KOTRESH V. NALWAD SON OF SRI. VEERANNA NALWAD, AGED ABOUT 53 YEARS, PARTNER, M/S LALITHA STONE CRUSHERS, LALITHA NIVAS, 2^ND CROSS, GAVI MUT ROAD, GAVISHREE NAGAR, KOPPAL TOWN, KOPPAL TQ: AND DIST.

PIN-583 234.

2. SRI. K. RAJASHEKAR SON OF SRI. BASAVARAJ HITNAL, AGED ABOUT 42 YEARS, PARTNER, M/S K. RAJASHEKAR STONE CRUSHERS, HITNAL VILLAGE, KOPPAL TALUK, KOPPAL DIST., PIN-583 234. 3. SRI. G. RAGHAVENDRA SON OF SRI. AMBANNA, AGED ABOUT 46 YEARS, PROPRIETOR, Digitally signed by B M/S SRINIVASA STONE CRUSHER, K MAHENDRAKUMAR NO.5, 10^TH WARD, BALLARI, B K Location: HIGH MAHENDRAKUMAR C K A O R U N R A T T O A F KA PIN-583 201.

DHARWAD BENCH Date: 2025.02.11 15:51:57 +0530

4. SRI. AMARESH HUGAR S/O. RAMACHANDRAPPA HUGAR, AGED ABOUT 38 YEARS, PROPRIETOR, M/S AMARESH ENTERPRISES, KEREHALLI GRAMA AND POST, KOPPAL TALUK, KOPPAL DIST.

PIN-583 234.

5. SRI. JADIYAPPA V. BANGALI, SON OF SRI. NARASAPPA BANGALI, AGED ABOUT 64 YEARS, PROPRIETOR, M/S SRIRAM STONE CRUSHERS, NO.46, CHIKKBAGANAL VILLAGE, KOPPAL TALUK AND DIST.-583 228.

… PETITIONERS (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE)

AND:

1. STATE OF KARNATAKA, R/BY GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, KOPPAL TOWN, KOPPAL TALUK AND DIST.

PIN-583 234, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA.

2. SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY, KOPPAL TOWN, KOPPAL TALUK AND DIST.

PIN-583 234.

… RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTED IN PASSING THE ORDER DATED: 10.10.2022 VIDE ANNEXURE-B PASSED BY THE LEARNED MAGISTRATE ON THE FILE OF CIVIL JUDGE AND JMFC AT KOPPAL IN C.C. NO.3305/2022 ARISING OUT OF PCR NO.425/2022 FOR TAKING COGNIZANCE OF THE PRIVATE COMPLAINT FILED BY THE RESPONDENT FOR THE ALLEGED VIOLATION OF SECTIONS 9 (2) (VI), 10, 16 (1), 16 (2), 17 (1), 17 (2), 3-C(3) AND SECTION 3-C (5) OF KARNATAKA REGULATION OF STONE CRUSHERS RULES 2011 AND PUNISHABLE UNDER SECTION 16 (1) AND 17 (1) OF KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 AND UNDER SECTION 200 OF CODE OF CRIMINAL PROCEDURE AND CONSEQUENTLY DISMISS THE COMPLAINT PCR NO.425/2022 VIDE ANNEXURE-A AND ETC.,.

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

ORAL ORDER

1. The petitioners challenge the cognizance taken of the offences punishable under Sections 9(2)(vi), 10, 16(1), 16(2), 17(1), 17(2), 3-C(3), and 3-C(5) of the Karnataka Regulation of Stone Crushers Rules, 2011, as well as Sections 16(1) and 17(1)

of the Karnataka Regulation of Stone Crushers Act, 2011.

2. The respondents filed a private complaint under Section 200 of the Criminal Procedure Code (Cr.P.C.), alleging that the petitioners were granted a license for stone crushing, and during the currency of the license, they stacked minerals and carried out stone crushing without paying royalty to the government. The learned Magistrate, upon perusal of the complaint, took cognizance of the aforesaid offences, prompting the petitioners to approach this Court.

3. The learned counsel for the petitioners submitted that stacking minerals without payment of royalty is a contravention under Rule 3-C of the Karnataka Regulation of Stone Crushers Rules, 2012 (hereinafter referred to as ‘the Rules of 2012’). Sub- rule (5) of Rule 3-C provides that the competent authority must be given an opportunity to take action before initiating penal proceedings under the provisions of the Act. Furthermore, an alternative remedy of appeal is provided under Section 15 of the Karnataka Regulation of Stone Crushers Act, 2011 (hereinafter referred to as ‘the Act of 2011’), against any order passed by the competent authority after hearing the petitione