RAI BAHADUR SETH SHREERAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner, a Company incorporated under the erstwhile Companies Act, 1956 now re-enacted in 2013, is knocking at the doors of Writ Court for assailing the constitutionality of Clause (b) Sub-Rule (10) of Rule 4 of the Karnataka (Prevention of Illegal Mining and Storage of Minerals) Rules, 2011 on the ground of legislative incompetence in the light of Sec. 23-C of the Mines & Minerals (Development & Regulation) Act, 1957.

(2.) Learned counsel for the Petitioner submits that a Co-ordinate Bench of this Court in W.P.No.19773/2018 (GM-MM-S) between M/S. MSPL LTD vs STATE OF KARNATAKA disposed off on 21/4/2023 has quashed the impugned provision of the Rule and therefore the relief granted to the litigant therein needs to be extended to the Petitioner on the Rule of Parity. He draws our attention to the Legal Notice dtd. 3/6/2023 seeking parity in treatment. In the said Notice, a demand is made to the official Respondents to "stop collecting the difference of royalty charges at the plant level in compliance of law laid down by the Division Bench...". Learned Principal Government Advocate on request having accepted notice for the Respondents unsuccessfully tried to resist the Petition.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, we are inclined to grant relief to the Petitioner for the following reasons: