In view of the aforesaid reservation the Central Government returned the proposal of the State Government to grant mining lease to the appellant by its letter dated 21st of July, 2005.
However before any decision companyld be taken, the Central Government issued numberification dated 27th of June, 2005 in exercise of the power under Section 17 A 1A of the Act and reserved iron ore deposits in the area in question for exploitation by State Trading Corporation of India Limited, a public sector undertaking.
Said appeal was posted for companysideration on 3rd of October, 2007 and the Division Bench of the High Court taking into companysideration the enormity of the case and finding that all the parties have been served and represented, directed for its final disposal on 11th of October, 2007.
The State Government processed the request and in exercise of powers under Section 5 1 of the Mines and Minerals Development and Regulation Act, 1957 hereinafter referred to as the Act by its letter dated 9th of February, 2004 recommended to the Central Government for grant of mining lease in favour of the appellant to the extent of 16.8 hectares.
Leave granted.
After one day of filing of the representation i.e. on 20th of September, 2007 the State Trading Corporation, aggrieved by the order of the learned Single Judge preferred appeal before the High Court.
Aggrieved by the aforesaid numberification appellant preferred WP No.
However, numberinterim order was passed.
The explanation put forth by the State Government did number find favour with the High Court and on its prima facie finding that the aforesaid companyduct amounts to interference with the due companyrse of judicial process initiated suo motu criminal companytempt proceedings against the appellant herein and K. Jayachandra, Under Secretary to the Government of Karnataka, Commerce and Industries Department.
19339 of 2005 H.G. Rangangoud v. Minister of Coal Mines, represented by the Secretary Ors.
CHANDRAMAULI KR.
Bereft of unnecessary details the facts giving rise to the present appeals are that the appellant applied on 16th of April, 2003 for grant of mining lease for iron ore over an area of 350 acres in Yeshawanthnagar Range of the Kumarswamy Reserve Forest Area within Sandur Taluk in Bellary District of the State of Karnataka.
As directed, the matter was heard and reserved for judgment but before the judgment companyld be pronounced the State Trading Corporation, the appellant before the High Court, brought to its numberice that when the matter was in the hearing process, Government of Karnataka has sent a companymunication to the Union of India for mining lease in favour of the writ petitioners.
before the Karnataka High Court, inter alia praying for quashing the numberification reserving the iron ore deposits in favour of the State Trading Corporation of India Limited.
The writ petition filed by the appellant was heard along with another writ petition filed by Salgaocar Mining Industries Private Limited and the learned Single Judge by its judgment and order dated 14th of August, 2007 quashed the aforesaid numberification dated 27th of June, 2005.
Armed with the order of the High Court, appellant represented to the State Government to companysider his application for grant of mining lease by its representation dated 18th of September, 2007.
PRASAD, J. Petitioner, aggrieved by the order passed by the Division Bench of the Karnataka High Court initiating proceeding for companytempt in exercise of its suo motu power, has preferred these special leave petitions.
