STATE OF KARNATAKA Vs. ASHA TRANSPORTS

JUDGEMENT

(1.) LEAVE granted. Heard both sides.

(2.) THE State has filed this appeal challenging the order of the Division bench affirming the order of the learned Single Judge which permitted the respondent, pending consideration of the application for renewal of its mining lease, to lift the excavated material ore (said to have been excavated before the expiry of the lease period), by paying royalty.

(3.) ACCORDINGLY, we reject I. A. 2 and allow this appeal and set aside the judgment of the Division Bench as also the decision of the learned Single judge permitting the respondent to lift the excavated material by paying royalty.