IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.35597 OF 2018 (GM-MM-S) BETWEEN :
B.R.JAYARAMA AGED ABOUT 66 YEARS S/O.LATE A.B.RAMAIAH R/O.BENDONE, MALLEKAVALU POST C.N.DURGA HOBLI, KORATAGERE TALUK TUMKURU DISTRICT – 572 129.
(By Sri R.G.KOLLE, ADV.,) AND :
1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001.
... PETITIONER 2. THE PRINCIPAL SECRETARY TO GOVT., DEPARTMENT OF COMMERCE & INDUSTRIES VIKASA SOUDHA BENGALURU – 560 001.
3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001.
4. THE DEPUTY DIRECTOR & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY GANDHI NAGAR TUMAKURU – 572 101.
5. THE DEPUTY COMMISSIONER AND THE DISTRICT MAGISTRATE, D.C.OFFICE TUMAKURU DISTRICT TUMAKURU – 572 101.
6. SRI M.NOUSHAD SEHAGAN SECRETARY, TRADITIONAL STONE CUTTER & STONE WORKER’S ASSOCIATION KORATAGERE TALUKA TUMAKURU – 572 101.
7. SRI MALLAPPA PRESIDENT, TRADITIONAL STONE CUTTER & STONE WORKER’S ASSOCIATION KORATAGERE TALUKA TUMAKURU – 572 101.
... RESPONDENTS (By Sri V.G.BHANU PRAKASH, AGA FOR R1 TO R5, NOTICE TO R6 & R7 ARE DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO QUASH OR SET ASIDE THE NOC WITHDRAWAL ORDER DTD.07.02.2017 PASSED BY R-5 DISTRICT MAGISTRATE PRODUCED AT ANNEXURE-A WITHOUT ISSUING ANY PRIOR NOTICE CONTRARY TO BASIC PRINCIPLES OF NATURAL JUSTICE, SUSPENDING BLASTING OPERATIONS, IN RESPECT OF A QUARRY LEASE AT QL NO.775 VALID TILL 2021, IN GOVT. KHARAB LAND AT SY.NO.36 OF GOURIKALLU VILLAGE, IN KORATAGERE TALUKA, PRODUCED AT ANNEXURE-B AND ETC., THIS PETITION COMING ON FOR PERLIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The petitioner is before this Court seeking for a writ of certiorari to quash order dated 07.02.2017 passed by the 5th respondent (Annexure-‘A’), whereby, the no objection certificate dated 27.07.2016 has been placed in abeyance.
2. District Magistrate, Tumakuru, had issued ‘No Objection Certificate’ (for short ‘NOC’) for extracting building stone using explosives as per letter No.ARM (2) C.R.02/15-16 dated 27.07.2016. As per the report submitted by the Assistant Commissioner, Madhugiri Sub-Division, the petitioner had violated the condition at Sl.No.12 in the ‘No Objection Certificate’. Hence, it was suspended by the impugned order.
3. Learned counsel for the petitioner contends that before passing the impugned order, no notice was issued to the petitioner. Thus, principles of natural justice have been violated. Accordingly, he prays that this petition be allowed.
4. Learned Additional Government Advocate appearing for respondents No.1 to 5, in his usual fairness, submits that a notice will be issued to the petitioner and fresh order will be passed within a period of two weeks.
5. We have heard learned counsel for the petitioner and learned AGA for respondents No.1 to 5 and gone through the impugned order at Annexure-‘A’.
6. In view of the submission made by learned AGA, writ petition stands disposed of by granting three weeks time to 5th respondent to pass appropriate orders, after hearing the petitioner.
No costs.
Sd/-
ACTING CHIEF JUSTICE VMB Sd/- JUDGE