Smt. Madhavi vs The State of Karnataka

S.N. Satyanarayana, J.—Petitioner herein is wife of one T. Kariyappa, who was successful bidder for purchase of 1250 Metric Tones (M.Ts.) of iron ore stocked in Sy. No. 11 of Bevinahalli Village of Hosadurga Taluk, Chitradurga District, for a sum of Rs. .27,10,000/- in a public auction dated 01.04.2008. It is stated that the bid of T. Kariyappa was confirmed by respondent No. 3 on 24.05.2008 and thereafter, T. Kariyappa died on 23.09.2010 leaving the petitioner and two minor children as his legal heirs. According to petitioner, during the life time of Kariyappa, he had secured 38 transport permits for transportation of 16 M.Ts. of iron ore on each permit. However, due to law and order situation during the said period, he was not able to utilize all the permits and hence he had returned transport permits pertaining to transportation of 400 M.Ts. of iron ore. It is stated that after the death of Kariyappa, petitioner gave representation to 2nd respondent on 20.05.2011 seeking reissue of permits for removal of 642 M.Ts. of Iron ore, but that representation was not considered. Hence, she filed writ petition in W.P. No. 2265/2012, which came to be disposed of by order dated 28.02.2012 with a direction to the second respondent - Director, Mines and Geology to dispose of her representation within two weeks from that day. Subsequently, that representation was disposed of by order dated 12.04.2012 at Annexure K, which is under challenge in this writ petition.

In this proceeding, petitioner is seeking quashing of the order of second respondent dated 12.04.2012 at Annexure ''K'' and writ of mandamus directing the respondents to reissue transport permits in her favour for transporting remaining quantity of 1042 M.Ts. of iron ore which, according to her, is not yet transported from the place of auction. In the alternative, direction is sought to return the value of 1042 M.Ts. of iron ore with interest at 12% p.a. from the date of deposit till the date of realization.

Respondents have opposed the petition on the ground that, pursuant to the terms and conditions of auction, successful bidder was required to make payment of 25% of bid amount immediately on completion of auction process and balance amount was required to be remitted within 15 days from its confirmation by the Head office and it was the responsibility of auction purchaser to transport the mineral within one month from the date of acceptance of the bid. According to respondents, the auction, which was conducted on 01.04.2008, was on "as is where is" basis. The successful bidder - T. Kariyappa was permitted to establish a mineral stock yard at Sy. No. 47/P-7 over an extent of 2 Acres at Lakkihalli village, Hosadurga Taluk, Chitradurga District, for storage and transportation of iron ore, Manganese, Bauxite and Chromite and he was also permitted to install a crushing unit in the stock yard, which is located at a distance of 2 K.Ms., from the iron ore stock, which he had bought at the auction. It is also stated that after permission was accorded to establish stock yard, the said T. Kariyappa had illegally stocked 5500 M.Ts., of iron ore in the stock yard area by resorting to illegal mining operation by removing low grade iron ore in Sy. No. 6 of Government land, Mallapura village, Hosadurga Taluk, Chitradurga District. Hence, there was suspicion and an assumption that auctioned quantity of iron ore was transported without valid despatch permit from the auction site. It is also contended that though the bid was of April 2008, nothing was heard from the petitioner, who was alive till 23.09.2010, regarding non-lifting of the mineral or seeking permission to lift the remaining material.

It is seen that subsequent to death of T. Kariyappa, when a demand notice was sent, an application is filed by the petitioner seeking permission to remove tire remaining iron ore, which was purchased by her husband in the auction dated 01.04.2008. It is also stated that when a request was made by letter dated 20.05.2011 by the petitioner, seeking permission to transport 1042 M.Ts. of iron ore auctioned in favour of her husband, a joint inspection was conducted by the Technical officer of DMG and revenue department and it was found that the entire quantity of iron ore had been lifted without obtaining any MDPs., in violation of the provisions of Mines and Minerals (Development and Regulation) Act and Karnataka Minor Mineral Concession Rules, 1960.

It is relevant to mention at this stage that initially, when a request was made by the petitioner seeking permission to remove the auctioned iron ore by letter dated 20.05.2011, it was her case that the quantity of iron ore, which remained unlifted, was to the tune of 642 M.Ts. However, in the writ petition, her claim is that 1042 M.Ts., of iron ore is left unlifted. These facts make it very controversial and doubtful that late Mr. Kariyappa did not lift the iron ore in question during his life time and due to some alleged law and order situation, he was prevented from lifting 1042 M.Ts., of iron ore as on the date of his death i.e., 23.09.2010. On appreciation of material on record, there appears to be an attempt on the part of petitioner at securing MDPs., for lifting and transporting the unauthorized stock accumulated by her husband in the stock yard maintained by him. From perusal of the impugned order and averments made on oath on behalf of the respondents, it appears that the petitioner has not come before this Court with clean hands. The contention of the respondents that this petition is an attempt to remove 5500 M.Ts., of iron ore, which was stocked illegally at the stock yard at Sy. No. 47/P-7 of Lakkihalli village, Hosadurga Taluk, Chitradurga District, cannot be brushed aside in absence of clear and categorical reply thereto in rejoinder.

Therefore, the petition is dismissed, with no order as to cost.