THAKUR INDUSTRIES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Firm which has been running mining business is knocking at the doors of writ court seeking a Writ of Mandamus directing the Respondents not to insist upon the Petitioner to obtain the 2nd forest transit pass for transporting the iron ore mineral from the railway sliding to the factory premises. . Learned counsel appearing for the Petitioner, in support of his submission, places reliance on a Co-ordinate Bench decision and the text of Rule 3 of the Karnataka (Prevention of Illegal Mining, Transportation and Storage of Minerals) Rules, 2011.

(2.) After service of notice, the Respondents have entered appearance through the learned Additional Government Advocate and vehemently opposed the Petition contending that the Karnataka Minor Mineral Concession Rules, 1994 having been amended post Division Bench decision, it is imperative for any transporter to obtain the forest transit pass as a precondition for transporting the iron-ore mineral.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, we are broadly in agreement with the submission of the learned Additional Government Advocate that in addition to permits and passes to be issued by the Department of Mines and Geology, the Amended Rules require a Forest Way Pass to be issued by the Deputy Conservator of Forest, if the Mining Lease is located in a forest land.