HC has a problem on hand with conflicting orders

Plea was on leasing of land for mining

On July 30, 2009, the bench headed by Chief Justice P D Dinakaran had heard a petition on mining matters. The bench dictated in the open court that the petition had been allowed and the same was endorsed by the registry of the High Court.

However, a certified copy issued by the court said that the petition has been dismissed, forcing the Petitioner Siddaratha Enterprises to file a review petition.

When the review petition of the company came up for hearing on Thursday, the Court issued notices to the Union and state governments.

 The petitioners has sought a review of an earlier order dated July 30, 2009, which was allowed by the bench.

The petitioners also submitted that the official website of the High Court had stated that the writ petition (No: 11447/2009) was allowed and even the communication of the Government advocates too supported this.

However, when counsel for the petitioner K N Phanindra applied for a certified copy, he was shocked as it said that the court had dismissed the writ petition.

The petitioner had challenged the State Government order dated January 15, 2009 rejecting the petitioner’s application seeking a mining lease in 15.38 acres of land in Navalatti village in Sandur taluk. The state had rejected the plea and had awarded it to two of the respondents Suryaprakash Achar and Jagadish.

In his review petition, the counsel pointed out that in an identical matter, the court had allowed the writ petitions and the respondents did not contest the case.