Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 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. 3899 OF 2018 (GM-MMS) BETWEEN:
REVANNA R PEEDAI R/ AT NO.65, LAKSHMI EXTENSION, NEAR HILL GARDEN, GOKAK TALUK-591 307 (BY SRI. R G KOLLE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU, BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY TO GOVT.
... PETITIONER DEPARTMENT OF COMMERCE & INDUSTRIES, VIKAS SOUDHA, BENGALURU, BENGALURU-560 001.
3. THE DIRECTOR & COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001.
4. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT AND MONITORING COMMITTEE, D C OFFICE COMPOUND, GADAG DISTRICT, GADAG-571 401.
5. THE EXECUTIVE ENGINEER DEPARTMENT OF PUBLIC WORKS & PORTS & INLAND WATER TRANSPORTS, GADAG-571 401.
(BY SRI. VIKRAM HUIGOL, HCGP) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE ALLEGED CANCELLATION PROCEEDINGS/ORDER INITIATED/PASSED BY R-4 DEPUTY COMMISSIONER AS THE CHAIRMAN OF DISTRICT SAND MONITORING COMMITTEE TERMINATING THE TENDER AGREEMENT & WORK ORDER DATED 20.03.2015 ISSUED BY THE R-5 EXECUTIVE ENGINEER, TOWARDS THE EXTRACTION OF SAND FROM SHEERANAHALLI SAND BLOCK ALONGSIDE TUNGABHADRA RIVER IN MUNDARAGI TALUKA, GADAG DISTRICT, FOLLOWED BY FORFEITURE & RECOVERY ACTIONS AS PER LETTERS DATED 08.03.2017 & 14.06.2017 PRODUCED AT ANNX-A & D RESPECTIVELY AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, P.S.DINESH KUMAR, J., MADE THE FOLLOWING:
ORDER Petitioner was granted licence to extract sand from Gangapaur Sand Block and Shiranahalli Sand Block in Mundargi Taluk, Gadag District. By order dated 24.03.2016 Annexure-F, the Executive Engineer cancelled the said order based on the order passed by the Deputy Commissioner dated 26.02.2016. The petitioner has sought for quashing the said order as the same was passed without notice to him. In support of his contention, he has placed reliance on a decision of this Court in the case of Shrinath S. Bhairugol Vs. The State of Karnataka (W.P.No.28358/2017 DD 30.06.2017).
2. Sri Vikram Huigol, learned HCGP submits as held by this Court in earlier cases, the impugned order shall be treated as a ‘Show cause notice’ and the Deputy Commissioner, Gadag shall reconsider the matter in accordance with law.
3. In the circumstances, we dispose of this writ petition with a direction to the Deputy Commissioner, Gadag to treat the impugned order as show cause notice and reconsider petitioner’s case in accordance with law and to pass appropriate orders within a period of eight weeks from the date of receipt of copy of this order.
The petitioner shall appear before the Deputy Commissioner, without further notice on 08.04.2019 and take further instructions.
During the pendency of reconsideration of petitioner’s case, there shall be no coercive measures so far as recovery is concerned.
Petition is accordingly disposed of. No costs.
Sd/-
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