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2014 DIGILAW 19 (SC)

SAMAJ PARIVARTANA SAMUDAYA v. STATE OF KARNATAKA

2014-01-06

A.K.PATNAIK, FAKKIR MOHAMED IBRAHIM KALIFULLA, S.S.NIJJAR

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ORDER : ITEM NO. 301 IA Nos. 192 & 193 1. The Central Empowered Committee as well as the Samaj Parivartan Samudaya will file their response. 2. List the applications on 27th January, 2014. IA NO. 196 3. Learned counsel for the applicant in the application states that he has instructions to withdraw this application. The interlocutory application is dismissed as withdrawn. ITEM NO. 305 IA Nos. 190 4. On 9th December, 2013, we had passed orders on prayers (a) and (b) in the interlocutory application and had further directed that prayer (c) in the application will be taken up on the next date. 5. We have today heard learned counsel for the parties on prayer (c) and we direct that the iron ore required by Category A/Category B mining lessees for their captive consumption for supply to their subsidiaries (not exceeding their licensed capacity for individual units) will be exempted from e-auction subject to the condition that the concerned lessees will continue to deposit with the Monitoring Committee 10 per cent of the value of such minerals as decided by the Monitoring Committee along with royalty, forest various development tax and other applicable taxes. 6. We also direct that the lessees will make the iron ore produced from their respective leases in excess of their licenced capacity available for e-auction and these lessees will not participate in purchase of iron ore in the e-auction. ITEM NO. 316 IA Nos. 7. We have rejected earlier applications for re-categorisation of mining leases. We, accordingly reject the prayer in this unregistered application. 8. It will be open for the applicant to file a review, if advised. ITEM NO. 319 IA Nos. 195 9. We have perused the prayers in the application and we find that the prayers are such as would call for review of the judgement delivered by this Court in Writ Petition (C) No. 562 of 2009. we, therefore, reject the prayers made in this application. It will be, however, open for the applicant to file review, if so advised. ITEM NO. MM1 & MM4 IA NO.198-199 of 2014 in IA No. 7 of 2011 in WP(C) NO. 562/2009 & IA No. in WP(C) NO. 562/2009 10. List on 13th January, 2014.