NOOR ENTERPRISES Vs. MYSORE MINERALS LTD.

JUDGEMENT

(1.) The petitioner-M/s Noor Enterprises is before this Court calling in question a Notification dtd. 21/8/2023 issued in respect of a particular mineral, Titaniferous Magnetite and the communication of the 1st respondent/Mysore Minerals Limited (hereinafter referred to as 'the Company' for short) to the 2nd respondent, a private entity and has sought certain consequential reliefs including a direction by issuance of a writ in the nature of mandamus to the 1st respondent and the 3rd respondent to consider the representations of the petitioner.

(2.) Shorn of unnecessary details, the facts in brief, are as follows:

(3.) When the things stood thus, Government of Karnataka in the Department of Mines and Geology issues an order cancelling mining lease granted to the 1st respondent/Company on the ground that approval of the Union Government was not obtained for leasing mineral i.e., the subject matter of the tender. The Company then was to deposit the auction amount realized from the sale of iron ore extracted from the mining lease with the Government. The remaining mineral which was extracted lying in the mining site was to be forfeited by the Department of Mines and Geology which was to issue dispatch order from time to time. Since the tender was already awarded in favour of the petitioner and the ore was lying, on 19/3/2018, the Company directed the petitioner to deposit three installments on different dates with gap of a month amounting to Rs.62,49,500.00 for each consignment. It is only after the deposit it was stated that dispatch of remaining iron ore would be permitted. The installments were to be paid on three days viz., 5/4/2018, 5/5/2018 and 5/6/2018. The petitioner did not make any payment.