DECCAN MINING SYNDICATE REPT. BY ITS MANAGING DIRECTOR SRI RAJENDRA KUMAR JAIN Vs. STATE OF KARNATAKA REPT. BY ITS SECRETARY (MINES) DEPT. OF COMMERCE AND INDUSTRIES, THE DIRECTOR OF MINES AND GEOLOGY DEPARTMENT OF MINES AND GEOLOGY AND SRI PRAV

JUDGEMENT

(1.) THE petitioner in the present Writ Petition has challenged the validity of the order/communication dated 25.6.2008 passed by the Director of Mines and Geology, recommending to the Government of Karnataka for grant of mining lease in favour of Respondent No. 3 - Praveen Kumar Nikkam, over an extent of 60 acres of land in Karthikeshwara Village, Sandur Taluk, Bellary District, comprised at Additional De -reserved Block No. 17 of the notification dated 15.3.2003 issued under Rule 59 of the Mineral Concession Rules, 1960, by the State Government. It is stated at the Bar that an interim order of stay has been operating in the connected matters and the Central Government has not passed any order under Section 5(1) of the M.M.D.R. Act, 1957. The counsel submit that the recommendation or proposal of the State Government has been returned by the Central Government in view of the interim orders granted by this court.

(2.) DURING the pendency of this petition, the Apex Court has, in the matter of STARTLAWFINDERGeomin Minerals and Marketing Private Limited Vs. State of Orissa (2013)7 SCC 571, held at paragraph -29ENDLAWFINDER that, until the Central Government has passed an order either granting or refusing approval under Section 5(1) and Section 11(5) of the Act, it would not be permissible for any person to file a writ petition under Article 226 of the Constitution and any such petition, if filed, would be premature.