IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.9447/2017 (GM-MM-S) BETWEEN:
M/S ROBO SILICON PRIVATE LTD. REGISTERED UNDER THE COMPANIES ACT AND HAVING ITS REGISTERED OFFICE AT 3RD FLOOR, UPTOWN BANJARA ROAD NO.3 BANJARA HILLS, HYDERABAD-500 034 REPRESENTED BY ITS DEPUTY GENERAL MANAGER AND AUTHORISED SIGNATORY SREEKANTH PALATEERDHAPU S/O L MURTHY AGED ABOUT 42 YEARS ...PETITIONER (BY SRI S.VISHWAJITH SHETTY, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA BENGALURU-560 001 2. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY ZOOGAL TOWERS, KADRI MALLIKATTE, MANGALORE D.K.DISTRICT-575 003 3. K.I.O.C.L. PANNAMBURU MANGALURU REPRESENTED BY ITS ASSISTANT GENERAL MANAGER-575 002 4. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALURU-575 001 5. ARUN KUMAR SHETTY MAJOR VICE PRESIDENT VALPADI GRAMA PANCHAYATH BANTWAL TALUK D.K.DISTRICT-574 211 …RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP FOR R1, R2 & R4; SRI Y.K.NARAYANA SHARMA, ADVOCATE FOR R3; SRI K.CHANDRANATH ARIGA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM RESPONDENT NO.2 WHICH ULTIMATELY RESULTED IN ISSUING IMPUGNED ORDER AT ANNEX-A DATED 20.02.2017 MADE BY RESPONDENT NO.3 CANCELLING QUARRYING LEASE DATED 27.09.2008 MADE IN DKD 133 FOR QUARRYING BUILDING STONES IN PROPERTY BEARING SY.NO.215 MEASURING 9 ACRES OF NELLIKARU, MOODABIDRE HOBLI, MANGALURU TALUK AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Sri Vikram Huilgol, learned High Court Government Pleader appearing for respondent Nos.1, 2 and 4 submits that respondent No.2 has withdrawn the order dated 20.02.2017 (Annexure-A) which is impugned in this writ petition by order dated 11.12.2017. In view of this submission, learned Counsel appearing for the petitioner submits that he may be permitted to withdraw the writ petition. Leave granted. The writ petition is accordingly disposed of as withdrawn.
2. Learned High Court Government Pleader submits that a fresh show-cause notice dated 11.12.2017 under Rule 6(3) of the Karnataka Minor Mineral Concession Rules, 1994 has already been issued to the petitioner. He also submits that respondent No.3 namely, K.I.O.C.L. will be heard in the matter before taking any action against the petitioner. His submissions are placed on record.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Yn.