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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF MARCH, 2021

PRESENT

THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE S.VISHWAJITH SHETTY

WRIT PETITION NO. 14209 OF 2020 (GM-MM-S)

BETWEEN:

M/s DECCAN EXPLORATION SERVICES PVT LTD

A COMPANY INCORPORATED

UNDER THE PROVISIONS OF

COMPANIES ACT, 1956 HAVIG ITS

REGISTERED OFFICE AT

No.5, 19^TH MAIN ROAD, 4^TH SECTOR

HSR LAYOUT, BANGLORE 560102

HEREIN REPRESENTED BY ITS

AUTHORISED SIGNATORY

MR. SANDEEP LAKWARA

AGED ABOUT 64 YEARS.

… PETITIONER

(BY SHRI ANANTH MANDAGI SR. COUNSEL FOR

SHRI AMIT A MANDAGI, ADVOCATE)

AND:

1.

UNION OF INDIA

REPRESENTED BY THE SECRETARY TO

GOVERNMENT OF INDIA

MINISTRY OF MINES

SHASTRY BHAVAN

NEW DELHI – 110001.

2.

STATE OF KARNATAKA

REPRESENTED BY ITS

PRINCIPAL SECRETARY

DEPARTMENT OF MINES,

2

TEXTILES AND SSI

VIKAS SOUDA,

BENGALURU – 560001.

3.

THE INDIAN BUREAU OF MINES

REPRESENTED BY ITS

CONTROLLER GENERAL

BLOCK A INDIRA BHAVAN

CIVIL LINES, NAGPUR – 440001. – DELETED

4.

THE DEPARTMENT OF MINES AND GEOLOGY

REPRESENTED BY ITS DIRECTOR

KHANIJA BHAVAN

RACE COURSE ROAD

BENGALURU – 560001.

… RESPONDENTS

(BY SHRI K.A ARIGA, ADVOCATE FOR R-1;

SHRI VIKRAM HUILGOL, ADVOCATE FOR R-2 AND R-4;

VIDE ORDER DATED: 29/01/2021 R-3 IS DELETED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF

SIMILAR NATURE THEREBY QUAHING THE ORDER DATED

22-07-2019 PASSED BY THE 1^ST RESPONDENT, WHICH WAS

COMMUNICATED TO THE 2^ND RESPONDENT VIDE ITS

LETTER BEARING F.NO.4/113/2010-M.IV, THEREBY KEEPING

IN ABEYACE THE PRIOR APPROVAL GRANTED IN FAVOUR

OF THE PETITIONER VIDE ITS LATTER DATED 24-07-2015

AND

SUBSEQUENT

LETTER

DATED

07-02-2017

AND

FURTHER DIRECTING THE 2^ND RESPONDENT NOT TO TAKE

ANY ACTION FOR THE GRANT OF MIING LEASE UNTIL

FURTHER ORDERS, WHICH IS PRODUCED HEREWITH AS

ANNEXURE-A AND ETC.

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THIS PETITION COMING ON FOR HEARING THROUGH

VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE

THE FOLLOWING:

ORDER

Heard the learned senior counsel appearing for the

petitioner, the learned counsel for the first respondent and

the learned Additional Government Advocate representing

the second and fourth respondents. The name of the third

respondent has been deleted vide order dated 29^th January,

2021.

2.

The challenge in this petition under Article 226 of the

Constitution of India is to the communication at Annexure-A.

By the said communication, prior approval granted by the

first respondent-the Government of India under sub-section

(1) of Section 5 of the Mines and Minerals (Development and

Regulation) Act, 1957 (for short, “the said Act of 1957”) has

been kept in abeyance. The second prayer in the petition is

for directing the second respondent to execute the mining

lease in accordance with the prior approval granted on 24^th

July, 2015 (Annexure-W) and as per the letter dated 7^th

February, 2017 (Annexure-Z).

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3.

On 24^th July, 2015, the Government of India, Ministry

of Mines informed the Secretary to the Government of

Karnataka, (Mines, SSI & Textiles) conveying prior approval

under sub-section (1) of Section 5 of the said Act of 1957 for

grant of mining lease for gold over an area of 72 acres. By a

further letter dated 7^th February, 2017, the Government of

India, Ministry of Mines clarified their prior approval letter

dated 24^th July, 2015 by stating that prior approval of the

Central Government under sub-section (2) of Section 10-A of

the said Act of 1957 has been conveyed for grant of mining

lease for gold. The said letter records that mining lease

deed shall be executed in accordance with law at the earliest

and clearances and approval for starting the process be

expedited.

4.

The mai