1
IN THE HIGE COURT OF KARNATAKA AT BANGALORE
Dated this the 10"" day of November 2010
PRESENT
THE HONBLE MR.J.S.KHEHAR, CHIEF' JUsTt(i:1i.f"%;<~,r:.o
AND _ _ A S
THE HONBLE MRJUSTICE A.S.BQ.P;.ANNA"--.:: .
we Nos.5002-sooé/2o«1oo¥, ' ' V
& WP Nos. 32806-825/291G;"(GEv£--MMAS§"' 'A
BETWEEN :
1.
Sri. M N Doreswamy
S/o.Ninge Gowda,-V" ¢
Aged about 44 yea~rsf '_
R/o.C.C.Road .
Chikkasandra Villages» _ '
Bangalore,--_ 'A "
M/S
7 .
Re-p-tad, By It Eroprietor Pushparaj
S:/O £,a'te7S C 'Shar1thappa--
A'ged'«39.Years, * _ ' '
No;«1/2., I M.ai1":._;V' 1 1*h.__C'ro~ss
Gangondanahalli " _
.MYSoré"R,0ad.,J-- "
,, .}_&Bar1gaIore V
. 3.2 M/S. ?ragathi Enterprises
_ S' ' Reptd. By its Proprietor S S Joshi
rs'/ofs _C'~S'rianthappa
, V Aged 37" Y ears
No.19?"/A, 9"' C Main
Pipeline Vij ayanagar
, -' Bangalore 40.
~ 'M / S Ashika Enterprises
Reptd. By Its Proprietor Anthon Raj
Aged 40 Years.
No.29, IFloor, 2"' Main,
7"' Cross, Chamarajpet
Bangalore 18
M / S Suhas Enterprises
Reptd. By Its Proprietor
Anusha N R Ramesh
No.551, 9"' B Main. 2"'-* Stage
Yelahanka New Town.
Bangalore.
[By Sri Y R Sadasiva Reddy, Adv.)
AND:
1.
ix.)
' {By an: R6. Kol1e,AGA)
The State of Karnataka
Rep. By Its Secretary
. .. Petition ers
Department of Commerce andinldusiiriles .y C
l\/E.S.Buildi.r1g.
Bangalore. '
The Commissioner
BBMR, Hudson Circle
Bangalore. '
The Commissioner' ll _ ;
BDA., _ V
Kumara I?a.rlk-Wesjt
The--Suf)e_rin't::n.de'nt l
Bangalore' CiI'oIe,._
Bangalore' _ * '
VThe Coi:ti_nis.sione.r
y, Slum Clearance Board,
- llsheshaxdripuram '
2 , Baiigalore.
Drffiajkumar Road,
Rajajinagar
as Bangalore 10.
. Respondents
These Writ Petitions are filed under Articles 226 and
of the Constitution of India praying to direct the
respondent authorities not to deduct any royalty from the
petitioners work hills and grant an interim order to direct the
respondent authorities to release the amount regarding the
Work bills of the petitioners without deducting any royalty.
These Writ Petitions coming on for preliminary hearing
this day, Chief Justice made the following:
Sewer
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O R D E R
J .S.KHEHAR, C.J. (Oral) :
Sri.Y.R.Sadasiva
Reddy, Advocate ‘
petitioners.
Advocate for the respondents.
2. Learned counsel :rnral agreed,
that the present covered with
the judgment _i’endered”‘:’py:: Golayya vs.
The and others,
W.P.1\T_a.8(_)A8.l’_::’1’ decided on
o2.oé1.t2oo9§
_ .3,XIn ‘light of above, learned counsel for the
. .,.¢.,yepspondients__ states: that if the petitioners produce
rnfaterial before respondent Nos.2 to 6.
showing’ royalty was paid in respect of the sand
pvphheing .t’ra.nsported (from a licensed quarry owner), from
the petitioners had purchased the sand, the
respondents would refund the royalty charged from the
petitioners.
4. Accordingly, the petitioners are granted liberty
to produce material before the concerned respondent
we _
Sri.R. G.Kol1e, Additionai’ » ” =
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Nos.2 to 6, depicting that royalty had already been paid
by the licensed quarry owner, on the sand which was
purchased by the petitioners. On produetior1″:o”;%
authentic material, royalty paid by the petitioners:
be refunded within four weeks.
5. The instant writ petiti”‘(:11f1s:..A_’ are
terms of the aforesaid.
" 1;: t Chief Jasiice
Sd/5
i V . Judge
mv*
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