MADHAVI Vs. STATE OF KARNATAKA BY ITS SECRETARY, COMMERCE AND INDUSTRIES DEPARTMENT, THE DIRECTOR OF MINES AND GEOLOGY AND THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) PETITIONER herein is wife of one T. Kariyappa, who was successful bidder for purchase of 1250 Metric Tones (M.Ts.) of iron ore stocked in Sy. No. 11 of Bevinahalli Village of Hosadurga Taluk, Chitradurga District, for a sum of Rs. .27,10,000/ - in a public auction dated 01.04.2008. It is stated that the bid of T. Kariyappa was confirmed by respondent No. 3 on 24.05.2008 and thereafter, T. Kariyappa died on 23.09.2010 leaving the petitioner and two minor children as his legal heirs. According to petitioner, during the life time of Kariyappa, he had secured 38 transport permits for transportation of 16 M.Ts. of iron ore on each permit. However, due to law and order situation during the said period, he was not able to utilize all the permits and hence he had returned transport permits pertaining to transportation of 400 M.Ts. of iron ore. It is stated that after the death of Kariyappa, petitioner gave representation to 2nd respondent on 20.05.2011 seeking reissue of permits for removal of 642 M.Ts. of Iron ore, but that representation was not considered. Hence, she filed writ petition in W.P. No. 2265/2012, which came to be disposed of by order dated 28.02.2012 with a direction to the second respondent - Director, Mines and Geology to dispose of her representation within two weeks from that day. Subsequently, that representation was disposed of by order dated 12.04.2012 at Annexure K, which is under challenge in this writ petition.

(2.) IN this proceeding, petitioner is seeking quashing of the order of second respondent dated 12.04.2012 at Annexure 'K' and writ of mandamus directing the respondents to reissue transport permits in her favour for transporting remaining quantity of 1042 M.Ts. of iron ore which, according to her, is not yet transported from the place of auction. In the alternative, direction is sought to return the value of 1042 M.Ts. of iron ore with interest at 12% p.a. from the date of deposit till the date of realization.

(3.) IT is seen that subsequent to death of T. Kariyappa, when a demand notice was sent, an application is filed by the petitioner seeking permission to remove tire remaining iron ore, which was purchased by her husband in the auction dated 01.04.2008. It is also stated that when a request was made by letter dated 20.05.2011 by the petitioner, seeking permission to transport 1042 M.Ts. of iron ore auctioned in favour of her husband, a joint inspection was conducted by the Technical officer of DMG and revenue department and it was found that the entire quantity of iron ore had been lifted without obtaining any MDPs., in violation of the provisions of Mines and Minerals (Development and Regulation) Act and Karnataka Minor Mineral Concession Rules, 1960.