BALAJI PRODUCE COMPANY Vs. V SELVARAJ

JUDGEMENT

(1.) THESE two appeals, though posted for admission, are taken up for final disposal with the consent of both sides and as they arise out of common order, they are being disposed of by this common judgment.

(2.) THE appellant, a partnership firm, is the holder of mining lease bearing M. L. No. 2208 dated 18. 12. 1995 granted by the State government over an area of 184 acres of land in S. Nos. 12 and 13 of gollarahalli village and S. No. 130 of Honnebagi Village, chikkanayakanahalli Taluk, Tumkur District, and the period of lease is twenty years from 18. 12. 1995 to 17. 12. 2015

(3.) IN order to extract, lift and transport the minerals (iron and manganese ore), the appellant entered into an agreement with M/s shakthi Enterprises, but the said agency did not lift any material. The appellant then entered into an agreement with M/s Uma Minerals, represented by its proprietor D. M. Shankar, for lifting and transporting the iron ore. The agreements entered into with M/s Shakthi Enterprises and M/s Uma Minerals lasted only for two years without further extension. However, the contract entered into with M/s Ganesh minerals, Respondent No. 3 herein, though expired on 30. 11. 2004, a further contract was assigned to it on 20. 12. 2004 for extracting and lifting iron ore from biscuit pit and Handikola area of the schedule mining property. The appellant also entered into a contract on 20. 12. 2004 with M/s Fiza Developers and Inter Trade Pvt. Ltd. (Respondent No. 2 herein) for sale of the iron ore.