The State Of Karnataka vs. Shamalsha Girdhari Mineral Co

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2023

(ARISING OUT OF SLP (C) NO. OF 2023)

(ARISING OUT OF DIARY NO. 32822 OF 2022)

THE STATE OF KARNATAKA & ORS. ..... APPELLANT(S)

VERSUS

M/S SHAMALSHA GIRDHARI MINERAL CO. ..... RESPONDENT(S)

WITH

CIVIL APPEAL NO. OF 2023

(ARISING OUT OF SLP (C) NO. OF 2023)

(ARISING OUT OF DIARY NO. 35307 OF 2022)

O R D E R

Delay condoned.

Leave granted.

During the course of hearing, learned Senior Advocate appearing on behalf of the respondent – M/s Shamalsha Girdhari Mineral Co. has given concession and made a statement at the Bar that the deemed approval under sub-Rule 6 to Rule 8 of the Karnataka Minor Mineral Concession Rules, 1994, as directed by the High Court, may be set aside. She, however, states that the application for grant of lease filed by the respondent – M/s Shamalsha Girdhari Mineral Co., should be considered as per the applicable rules. The authorities may be asked to decide the application expeditiously and preferably within a period of six Digitally signed by SWETA BALODI Date: 2023.08.22 18:02:52 IST Reason: Signature Not Verified

months from today.

In view of the statement made, the finding given in the impugned judgment/order that there is deemed approval and the consequent directions given in the paragraph 11 of the impugned judgment/order are set aside.

The application filed by the respondent – M/s Shamalsha Girdhari Mineral Co. would be considered as per the applicable rules as expeditiously as possible and preferably within a period of six months from today. The question which rule(s) would be applicable is left open. This aspect and question would be decided by the authorities, without being influenced by the impugned judgment.

Recording the aforesaid, the impugned judgment is set aside and the appeals are allowed in the above terms.

Pending application(s), if any, shall stand disposed of.

..................J. (SANJIV KHANNA)

..................J. (S.V.N. BHATTI)

NEW DELHI; AUGUST 18, 2023.

ITEM NO.57 COURT NO.3 SECTION IV-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 32822/2022

(Arising out of impugned final judgment and order dated 08-04-2021 in WP No. 3806/2021 passed by the High Court of Karnataka at Bengaluru)

THE STATE OF KARNATAKA & ORS. Petitioner(s)

VERSUS M/S SHAMALSHA GIRDHARI MINERAL CO. Respondent(s) (IA No. 159019/2022 - CONDONATION OF DELAY IN FILING IA No. 159020/2022 - EXEMPTION FROM FILING O.T.) WITH Diary No(s). 35307/2022 (IV-A) (FOR ADMISSION and I.R. and IA No.174606/2022-CONDONATION OF DELAY IN FILING and IA No.174611/2022-EXEMPTION FROM FILING O.T.) Date : 18-08-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Nishanth Patil, A.A.G. Mr. V. N. Raghupathy, AOR Mr. Manendra Pal Gupta, Adv. Mr. Ayush P Shah, Adv. Mr. Vignesh Adithiya S, Adv. For Respondent(s) Ms. S.R. Anuradha, Sr. Adv. Ms. Liz Mathew, AOR Ms. Mallika Agarwal, Adv. Mr. Nisarg Bhardwaj, Adv. UPON hearing the counsel, the Court made the following O R D E R Delay condoned. Leave granted. The appeals are allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)