NANDHI MINERALS REPT. BY ITS MANAGING PARTNER, SRI ALLUM PRASHANTH Vs. STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF COMMERCE AND INDUSTRIES, THE DIRECTOR OF MINES AND GEOLOGY DEPT. OF MINES AND GEOLOGY, UNION OF INDIA REPT. BY SECRETARY TO GOVT

JUDGEMENT

(1.) THE petitioner in the present petition has challenged the validity of the order/communication dated 21.2.2004 passed by the State Government recommending grant of mining lease in favour of Respondent No. 4 - M/s. S.K. Sarwagi and Co. Pvt. Ltd., over an extent of 148.44 hectares of land in Navalatti Village, Sandur Taluk, Bellary District, comprised at Sl. No. 8 of the notification dated 15.3.2003 issued under Rule 59 of the Mineral Concession Rules, 1960, by the State Government and seeking the prior approval of the Central Government under Section 5(1) of the Mines and Minerals (Development and Regulation) Act, 1957. 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 v. State of Orissa (2013)7 SCC 571ENDLAWFINDER, held at paragraph -29 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.