Full Judgment Text
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CASE NO.:
Appeal (civil) 3278 of 2008
PETITIONER:
STATE OF KARNATAKA & ORS
RESPONDENT:
ASHA TRANSPORTS
DATE OF JUDGMENT: 02/05/2008
BENCH:
K.G. BALAKRISHNAN & R.V. RAVEENDRAN & MUKUNDAKAM SHARMA
JUDGMENT:
JUDGMENT
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3278 OF 2008
(@SPECIAL LEAVE PETITION (CIVIL)NO.2224 OF 2006 )
STATE OF KARNATAKA & ORS. Appellant(s)
VERSUS
ASHA TRANSPORTS Respondent(s)
WITH
I.A.NO.2 in CIVIL APPEAL NO.3278 OF 2008
@ SLP(C)No.2224/2006
ORDER
Leave granted. Heard both sides.
2. The State has filed this appeal challenging the order of the Division
Bench affirming the order of the learned Single Judge which permitted the
respondent, pending consideration of the application for renewal of its
mining lease, to lift the excavated material ore (said to have been excavated
before the expiry of the lease period), by paying royalty.
3. The respondent filed I.A.No.2/2007 seeking leave to withdraw the
writ petition itself by setting aside the order of the learned
Single Judge and
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Division Bench in its favour, to avoid delay in consideration of its application
for renewal. The learned counsel for the State opposed the said application.
4. Learned counsel for the respondent therefore submitted that he will
not press I.A.2 and that the respondent has no objection for the appeal itself
being allowed.
5. Accordingly, we reject I.A.2 and allow this appeal and set aside the
judgment of the Division Bench as also the decision of the learned Single
Judge permitting the respondent to lift the excavated material by paying
royalty.
...............CJI.
(K.G. BALAKRISHNAN)
.................J.
(R.V. RAVEENDRAN)
.................J.
(MUKUNDAKAM SHARMA)
NEW DELHI;
2ND MAY, 2008.