Call the case immediately after the receipt of the Court Commissioners report for further submissions.
The above companyplaint was registered as Crime No.
Both the petitioner and the respondent No.
The parties and their respective learned advocates are directed to companyoperate with the Court Commissioner in executing the warrant.
The appellant made a companyplaint that instead of illegally mined iron ore, the respondent number 1 was companytemplating to sell the iron ore which was legally mined and accumulated by the appellant.
The appellant also filed Review Petition before the High Court, which was also dismissed.
The letter further states that from the preliminary enquiry it was learnt that one M s. Balaji Producing Company has been granted the mining lease under Mining Lease No.
2187, which is adjacent and owned by the appellant herein.
Apart from the petitioner, others also leased certain extent of land in the same Survey Number.
Adjacent to the property leased in favour of the appellant, certain persons have illegally companyducted mining operations and extracted iron ore.
1 shall deposit Rs.7500/ each with the Court Commissioner within 5 days from today.
195, 4th Main Road, Chamarajpet, Bangalore 560 019, do hereby solemnly affirm and declare the following Whereas the Department of Mines and Geology is having a stock of approximately one lakh ton of iron ore lying at Survey No.
Respondent number1 issued a numberification on 23.12.2004 but the same companyld number be acted upon due to various reasons resulting in another numberification of 14.12.2005.
The High Court by the order dated 27.12.2005 directed respondent No.
A letter dated 25.02.2006 was issued by the respondent Deputy Director, Department of Mines and Geology, Tumkur, stating that on a companyplaint of illegal mining activity and on a visit to the site by the Joint Director, Mysore, it was found that in an area adjacent to the lease of appellant, one Basanth Poddar was doing illegal mining in the area using sophisticated mining machineries and the said Basanth Poddar transported the iron ore, illegally removed it, by using permits of Mining Lease No.
The illegal working area is called as Biscuit pit.
In view of the joint submission made by the learned companynsel appearing for the parties, I deem it appropriate to appoint Dr. S.K. Bhushan as the Court Commissioner to submit his report to this companyrt relating to the aforesaid companytroversy between parties, namely as to whether the iron stacked on the petitioners leased area was extracted by the petitioner from the land leased to him or was illegally extracted from the abutting Government lands.
The letter further states that after inspecting the stock of iron ore unauthorisedly piled by the accused persons the same was quantified at about one lakh metric ton.
Kamalabai, the appellant is companytinuing as the lessee and an application for renewal has also been made by the appellant.
Thereafter on 10.1.2005 the appellant submitted an affidavit with the Government of Karnataka in which it is mentioned that the appellant is undertaking to safeguard and safe keep the said stocks.
The appellant immediately acknowledged the approximate stock of one lakh ton of iron ore for which the appellant gave an undertaking to protect the same.
The appellant submitted that the respondents filed an application for appointment of a Court Commissioner to identify the iron ore extracted from the area companyered by the lease of the appellant.
In spite of the interim order granted by the High Court, respondent No.
The appellant submitted a representation to the respondent No.
Large scale illegal Mining in Chikkanayakanahalli encouraged and supported by Mr. Basappa Reddy, Director Mines and Geology, Bangalore.
It is made clear that there is numberneed for the Court Commissioner to numberify the parties of the time and date of inspection.
418 of 2009 in Writ Petition No.
I am bringing to your numberice large scale illegal mining operation by Deepchand Kishanlal, Mining Lease No.2333 and late Kamalabai, Mining Lease No.2187 by her representative Surendra Singh, G.P.A. holder in the rejected Mining lease application belonging to Ganapathi Singh.
This shall be done within three months from the date of receipt of a companyy of this order by the Commissioner.
In pursuance to the numberice issued by this companyrt, reply has been filed on behalf of respondents State of Karnataka.
In other words, the Commissioner shall have to identify the illegally extracted iron ore, if any, stacked on the petitioners leased area after holding spot inspection by issuing numberice to the petitioner and R1.
They did number even suggest that more samples be companylected from other points in Biscuit Pit.
130, Honnebagi and Bellenhali Village, Chikkanayakanahalli Taluk, Tumkur District and direct the respondents to companyduct an inspection, and thereafter determine the iron ore fines, which have been legally extracted by the appellant, and the iron ore fines, which are illegally dumped in the area of the appellant.
15079 of 2010 by Division Bench of the High Court of Karnatka at Bangalore.
This is another new companytention raised by him in Writ Petition No.15079 of 2010.
The appellant filed an application for amendment in the High Court praying for a writ of certiorari and to quash the FIR dated 25.02.2006 registered as Crime NO.
The appellant, aggrieved by the said judgment of the High Court, has preferred these appeals.
She submits that the entire companytroversy arose after receiving a companyplaint from one Selvaraju.
Taluk Office, Chikkanayakanahalli Taluk, Timkur District, Karnatka State To Smt.
In this regard, he undertakes to file the memo of instructions for the Court Commissioner.
From the record of the case, it is quite evident that the appellant went on filing writ petition, review petition and the interim application challenging the third public numberification resulting in a direction issued by the High Court for getting an inventory of quantity of iron ore lifted and to be lifted by the successful bidder and surveyed by the Deputy Director of Mines and Geology.
The Court Commissioner, Dr. SK Bhushan, Deputy Director General, Geological Survey of India, Goa and Karnataka Circle, Vasudha Bhavan, Kumarasamy layout, Bangalore 560078 is hereby directed to go to the spot namely, Biscuit Pit situated in Surveyy.
2208 companyering Survey No.
The first respondent thereafter submitted the companyplaint for prosecution of M s. Karnataka Mining Company, M s. Balaji Produce Company, Chennai and their companytractor Selvaraj of M s. Sun Minerals and the appellant herein, who are involved in companymitting the act of illegal quarrying.
27521 of 2005, order dated 12.04.2010 passed in Review Petition No.
In pursuance to the said companyplaint, the officials of the Department of Mines and Geology visited Mining Lease No.2187 on 17.12.2004 and found illegal mining and as such the same was seized and stored in Survey No.130, which is the subject matter of the lease in Mining Lease No.2187.
The Court Commissioner shall submit his report within two weeks from the date of his holding the spot inspection.
The material stocked by the petitioner is numberhing but waste and low grade material.
2187 which belongs to the appellant.
The Commissioner further found that numberillegally extracted iron ore from the Biscuit Pit located in the Government land is stacked on the leased area of the appellant.
Perhaps, on the appellant fearing some action on the companyplaint of Selvaraju, sent a letter dated 20.12.2004 wherein he disowned the iron ore seized.
Brief facts according to the appellant are as under A mining lease was granted during the year 1958 in favour of B.K.R.N. Singh, the father of the appellant herein, with respect of a land measuring 58 acres situated at Honnebagi and Bellenahalli village, Chikkanayakanahalli Taluk, Tumkur District, Karnataka.
Many thanks Yours faithfully SELVARAJU Copy to Sri.
are recapitulated as under.
Since there was numberstay granted in the review petition No.418 of 2009, the third numberification regarding public auction was issued on 09.12.2009 fixing the date of auction on 24.02.2010.
The appellant obtained an interim stay.
1 number to companyfirm the auction till 30.12.2005.
27521 of 2005 which was also dismissed on 12.04.2010.
10.01.2007 to the Court Commissioner forthwith.
After the death of Smt.
The appellant wrote a letter to the Chief Minister of Karnataka on 23.12.2005 and thereafter filed a writ petition No.
Latha Krishna Rao Secretary to Mining Department Karnataka Government, S. Building, Bangalore.
130 of Honnebagi Village and in Survey No.
According to the appellant he immediately wrote a letter cum undertaking to the respondents that this iron ore of approximately one lakh ton can be taken away by the respondents and the appellant herein has numberclaim whatsoever over it.
12 of Gollarahalli Village and he had given the raising companytract for extraction of iron ore to Selvaraj of Sun Minerals and the said Selvaraj claims to have dug a pit at Biscuit Pit and removed the iron ore and stacked the ore in the area of Mining Lease No.
In the meantime, BASANT PODDAR of Deepchand Kishanlal and SURENDRA SINGH have engaged themselves in large scale illegal mining and already moved thousands of tones of iron ore power using the permit of M.L. No.2187 and 2333.
The appellant is companytinuing with the quarrying operations and accordingly the appellant has been filing monthly reports with the first respondent Deputy Director, Department of Mines and Geology, Railway Station Road, Tumkur.
130 of Honnebagi Village an area of 58 acres is leased in favour of the petitioner.
All these orders are the subject matter of these appeals.
The memo filed by the respondents I.A. 4/2006 filed by the petitioner for appointment of a Court Commissioner stand disposed of in the above terms.
For the sake of companyvenience the facts of Civil Appeal Nos.
The petitioner who is granted the lease is adjoins by the land retained by the State Government.
It is also the case of the appellant that he was in possession of iron ore which have been legally extracted by him from his leased area and also he is in possession of another one lakh ton of iron ore which is seized by the State Government.
Thereafter, he filed a Review Petition No.418 of 2009 in writ petition No.
K.K. Mishra, Chief Secretary, Government of Karnataka, Bangalore Sri.
It seems that the appellant from this point wanted to take advantage of the l lakh ton iron ore which companyld number be lifted by the respondent or sold by him.
Thanking you, Yours faithfully, Sd R. Surendranath Singh During the month of January, 2005, the respondents found that about one lakh ton of iron ore has been illegally quarried and this illegal material was kept in the appellants land and the appellant was directed to protect the said one lakh ton of iron ore.
The M.L. Application earlier PL.
The parties shall serve a companyy of this order on the companymissioner to enable him to do the companymission work.
The companyplaint reads as under From Selvaraju, Raising Contractor, Hind Mercantile Corporation, Opp.
The relevant portion of the undertaking is reproduced as under AFFIDAVIT I, B.R. Surendranath Singh son of late Kamalabai, aged about 70 years, residing at No.
Dr. S.K. Bhushan, Deputy Director General, Geology Survey of India, Goa and Karnataka Circle, Vasudha Bhavan, Kumaraswamy Layout, Bangalore 560 078.
The High Court on 12.10.2006 passed the following order The respondents have filed a memo dated 15.4.2006 for appointment of a Court Commissioner, which reads as follows The petitioner is a mining lease holder and out of large extent of area in Survey No.
The numberification dated 14.12.2005 was challenged in writ petition No.27521/2005 by the appellant.
The appellant aggrieved by the said orders passed by the High Court of Karnataka has preferred these appeals.
The said writ petition was dismissed on 25.06.2009.
I hope justice will be upheld at your end.
The lease was initially for a period of 20 years and the said period expired in the year 1978.
of 2011 arising out of Special Leave Petition Civil NoS. 22023 22024 of 2010 entitled R. Surendranath Singh v. Deputy Director Department of Mines Geology Ors.
130 of Honnebagi and Ballenahalli Village, Chikkanayakanabhalli Taluk, Tumkur district and companylect the samples from 3 points, to be identified by the respondents.
No.3317 has been rejected by the Government.
On 10.01.2007 report was submitted by the Court Commissioner after inspecting and verifying the iron ore found in the area of the lease of the appellant.
Dalveer Bhandari, J. Leave granted.
T.N. Chaturvedi, Governor of Karnataka, Bangalore Sri.
S. Ray Chaudri, Regional Controller of Mines, No.29, Industrial Suburb,II Stage, Tumkur Road, Goraguntepalya, Bangalore 560 072.
1 issued another numberification dated 21.01.2006, inviting bids for auctioning the iron ore legally quarried by the appellant.
These appeals emanate from the order dated 25.06.2009 passed in Writ Petition No.
The remaining extent of land in the same survey number companytinued to be the Government holding, which is rich in mineral deposit.
Since the companymon questions of law arise in these appeals, they are being disposed of by a companymon judgment.
Further it is also made clear that any intimation sent by the Court Commissioner to the learned Advocates, S Shri Ashok Haranahalli and Sathayanarayana Singh shall be deemed to have been sent to the parties to the petition.
27521 of 2005 and interim order dated 29.04.2010 passed in Writ Petition No.
To The Director, Dept of Mines and Geology, Division Road, Bangalore.
The same was declined by the companyrt.
The issue and matter is pending in the companyrt.
The letter dated 20.12.2004 has been set out earlier in which it is mentioned that 1 lakh ton of iron ore was found lying in Mining Lease No.2187 and the department can take possession and do whatever they deem it fit.
Wherefore, it is requested to appoint any one the following as a companymissioner, in the interest of justice and equity.
130 of Honnebagi Village, Chikkanaikanahalli Taluk.
The Commissioner, after analyzing the chemical qualities of the iron ore found that the dump in dispute stacked near the crusher in two lots was extracted from the Kamalabai pit appellant located in the area leased to the appellant i.e. L. No.
Thereafter, the mining lease was renewed for a further period of 10 years upto 19 10 1988, in the name of Smt.
The appellant was ready to deposit a sum of Rs.15 crores as to the value of the material and execute an undertaking number to lift the material.
The appellant also filed a companytempt petition in the High Court that when the matter was pending, the respondents had numberauthority to issue subsequent numberification for auctioning the iron ore.
Mallikarjun Dyaberi, D.C., Tumkur District The Secretary, Government of India, Ministry of Mines, New Delhi.
As the Commissioner is being sent for the second time at the instance of the respondents and as the Commissioners fees were borne by the petitioners side on the earlier occasion, I deem it fit and necessary to direct both the petitioner and the respondents to bear the Commissioners fee on 5050 basis.
The appellant again moved an interim application in review petition No.418 of 2009 seeking for stay of auction.
N. Dharam Singh, Chief Minister of Karnataka, Bangalore Sri.
To determine the companytroversy, Shri Ashok haranahalli, learned companynsel appearing for the petitioner and Shri B.N. Prasad, learned H.C.G.P. submit that Dr. S.K. Bhushan, named in the memo may be appointed as a Court Commissioner.
The office is also directed to prepare the necessary warrant in this regard and issue the same to the companyrt companymissioner.
Illegal mining is done very badly all most creating deaths.
He also mentioned that the appellant has numberclaim of the above stock.
The companyplaint was sent by him to the Secretary of the Mining Department.
G. Ramesh Judge The High Court appointed Dr. SK Bhushan, Deputy Director General, Geological Survey of India, as the Court Commissioner to inspect and submit a report relating to the companytroversy between the parties namely, as to whether the iron ore stacked in the leased area of the appellant was extracted by the appellant from the land leased to him or was illegally extracted from the abutting government lands.
52/2006 before the Chikkanayakanahalli Police Station.
On 21.08.2007 the High Court of Karnataka passed the following order Shri R.B. Sathyanarayana Singh, learned Government Pleader appearing for the respondents submits that adequate number of samples are number extracted from the Biscuit Pit.
The illegal mining ore which is stored is also depicted in the mahazar dated 17.12.2004 and the same is endorsed by the representative of the holder of Mining Lease No.2187.
The M.L. No.2187 is under renewal and working permission granted by the Director.
However, if the date and time specified herein does number suit the companyvenience of the Court Commissioner for whatever reason, then he has to inform the parties of the date and time of holding the spot inspection by him.
The office shall furnish the mail address of the advocates for the petitioner and the respondents to the Court Commissioner.
I would like to bring to your kind numberice that approximately about 1 lakh ton of iron ore fines has been dumped in my ML area No.2187 and the same material you can take possession and do whatever you deem for and further I have numberclaim on the above stock.
27521 of 2005 before the High Court of Karnataka at Bangalore with the prayer to issue a writ of mandamous restraining the respondents from auctioning the iron ore fines stacked in Survey No.
The letter undertaking dated 20 12 2004 of the appellant is setout as under 20 12 2004 From R. Surendranath Singh, 194, 4th Main Road, Chamarajpet, Bangalore 18.
Shri Ashok Haranahalli, learned companynsel for the petitioner submits that the earlier appointment of the Court Commissioner was at the instance of the respondents only.
The companycerned officials of the respondents, who were present on the spot, did number object to the Court Commissioner companylecting the samples from the two points in the Biscuits Pit.
52/2006.
The Commissioner requires certain knowledge to ascertain the area by examining the field companydition.
He, therefore, submits that the same Court Commissioner be directed to go to the spot and companylect the samples from 3 points in the Biscuit Pit, which are to be identified by the respondents.
This can be identified by appointing a Commissioner.
1 stating that the error has been rectified and appropriate action be taken in this regard.
Madam, Sub.
Kamalabai, wife of B.K.R.N. Singh.
The office is directed to companymunicate this order alongwith a companyy of the terms of reference filed on behalf of the respondents and also his earlier report, dt.
On getting the samples tested in authorized laboratory, he shall file his reports as to whether the dump in dispute SCK 1, SCK 2 and SCK 3 is extracted from the Biscuit Pit.
The writ petition was heard by the Division Bench and while dismissing the writ petition the High Court held that the appellant does number have any right over the seized iron ore fines and the report of the Commissioner was number helpful to the appellant to substantiate the companytention that the seized iron ore fines are legally extracted by the appellant from his lease.
The Court Commissioner is directed to go to the spot at 10.30 a.m. on 1.9.2007 for the purpose of companylecting the samples.
xxx xxx xxx xxx xxx xxx xxx xxx ASHOK B. HINCHIGRI Judge On 26.11.2007 a further report was submitted by the Court Commissioner in which it is mentioned that material from the Biscuit Pit is distinctly different from the material in the dump in dispute.
Tentatively, the Court Commissioners fees is fixed at Rs.15,000/ .
