IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO.16574 OF 2017(GM-MM-S) BETWEEN M/s KMC-JMC (JV) Pvt. Ltd., Corporate House No.1-80/40/SP/58/65 Shilpa Homes Layout Gachibowli, Hyderabad-500032. Rep. by Authorized Signatory Mr.A.Madan Mohan. ... Petitioner (By Sri.A.S.Ponnanna, Senior Counsel for Smt. Mamatha Roy, Advocate) AND 1. State of Karnataka Rep. by Principal Secretary Dept. of Commerce and Industries Vikasa Soudha Bengaluru-560 001.
2. The Director of Mines & Geology Govt. of Karnataka Khanija Bhavan Race Course Road Bengaluru-560 001.
3. The Competent Authority And Deputy Director Dept., of Mines & Geology No.2652/2667, Railway Station Road Gandhinagar, Tumkuru-572102.
4. Executive Engineer and Highway Administration N.H.Division, Dep. of Public Works (National Highways) P.W.D. Compound, Tumkuru-572102.
5. The Joint Director Department of Mines and Geology South Circle, Mysuru-570 001. ... Respondents (By Sri.V.G.Bhanu Prakash, AGA) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated: 01.02.2016 passed by the respondent-3 vide Annexure-A and also the order dated 28.12.2016 passed by the respondent-5 in revision petition No.354/2016 vide Annexure-B and etc.
This writ petition, coming on for preliminary hearing, this day, Chief Justice made the following:
ORDER Along with the memo of today’s date, the learned Additional Government Advocate places on record, a copy of the order dated 15th July 2019, by which, the order dated 1st February 2016 (Annexure-A) has been withdrawn and the petitioner has been called upon to remain present in the office of the Deputy Director, Department of Mines and Geology, on 26th July 2019.
2. The said order dated 1st February 2016 has been confirmed by order dated 28th December 2016 passed by the revisional authority. As the order dated 1st February 2016 has been withdrawn, the order of the revisional authority will become inoperative.
3. The learned Additional Government Advocate, on instructions, states that, on 26th July 2019, a show-cause notice will be served to the petitioner and after granting an opportunity to the petitioner to file a reply, appropriate orders will be passed in accordance with law.
4. Hence, we dispose of the petition by passing the following order:
(i) As the order dated 1st February 2019 (Annexure-A) has been withdrawn, the order dated 28th December 2016 (Annexure-B) has become inoperative;
(ii) We direct the petitioner to appear before the Deputy Director, Mines and Geology, on 26th July 2019 at 11.00 a.m. On that day, a fresh show-cause notice shall be served to the petitioner;
(iii) After granting reasonable opportunity to file a reply to the show-cause notice and after giving an opportunity of being heard to the petitioner, appropriate orders shall be passed on the show-cause notice, as expeditiously as possible.
The petition is disposed of with the above directions.
Sd/- CHIEF JUSTICE Sd/- JUDGE Cm/-