IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.24734 OF 2017 (GM-MM-S) BETWEEN:
M/S. SREE SKANDA GRANITES H.O.55, COMMERCIAL STREET BENGALURU-560 001 REPRESENTED BY ITS MANAGING PARTNER SRI S.K.RAJ KUMAR AGED ABOUT 56 YEARS S/O.S.V.KRISHNAMURTHY ... PETITIONER (BY SRI N.RAVINDRANATH KAMATH, ADVOCATE) AND:
1. STATE OF KARNATAKA MINISTRY OF MINES & GEOLOGY KHANIJA BHAVANA NO.1/1, RACE COURSE ROAD BANGALORE-560 001 REP. BY ITS DIRECTOR 2. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE-560 001 REPRESENTED BY ITS SECRETARY 3. STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS VIDHANA SOUDHA BANGALORE-560 001 REPRESENTED BY ITS SECRETARY 4. DEPARTMENT OF MINES & GEOLOGY SENIOR GEOLOGIST’S OFFICE MINERALS AND GROUND WATER DIVISION, MADIKERI KODAGU DISTRICT-571 201 REPRESENTED BY SENIOR GEOLOGIST 5. DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI KODAGU-571 201 6. CONSERVATOR OF FORESTS KODAGU DISTRICT, MADIKERI KODAGU-571 201 7. SUPERINTENDENT OF POLICE KODAGU DISTRICT MADIKERI-571 201 8. SUB-INSPECTOR OF POLICE SUNTIKOPPA POLICE STATION SUNTIKOPPA-571 237 9. DEPUTY SUPERINTENDENT OF POLICE, KUSHALNAGAR SOMAVARPET TALUK KODAGU DISTRICT-571 234 ... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP FOR R1 TO R9;
SRI M.ASWATHANARAYANA REDDY, ADVOCATE FOR INTERVENERS) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30.05.2017 ISSUED BY RESPONDENT NO.4 DIRECTING THE PETITIONER HEREIN TO STOP THE GRANITE QUARRYING ACTIVITY IN ITS PROPERTY IN SURVEY NO.81/4 OF ANDAGOVI VILLAGE, KALLUR, SOMWARPET TALUK, KODAGU DISTRICT AT ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER The learned High Court Government Pleader on instructions, states that the impugned order/notice dated 30th May 2017 shall be considered as a show cause notice and appropriate order will be passed by the concerned authority after giving an opportunity of filing a reply to the petitioner.
2. We accept the aforesaid statement. By the impugned order dated 30th May 2017, the petitioner was directed to stop all the mining activities/quarrying operations in terms of the licence granted to the petitioner. By ad interim order dated 20th July 2017 of this Court, the petitioner was permitted to continue with the quarrying operations in terms of the quarry licence and consequential directions issued.
3. As the learned High Court Government Pleader has made a statement that the impugned order will be treated as a show cause notice, obviously the direction contained therein to stop the quarrying operations will not operate so long as the licence continues to hold the field.
4. Accordingly, we proceed to pass the following order:
i) Subject to what is observed above, the impugned order/notice dated 30th May 2017 shall be treated as a show cause notice;
ii) It will be open for the petitioner to reply the said show cause notice within a period of three weeks from today;
iii) After expiry of a period of three weeks granted to file the reply, the concerned authority shall pass appropriate orders on the basis of the show cause notice after considering the reply, if any;
iv) We make it clear that an embargo imposed by the show cause notice for stopping the quarrying operations will not operate so long as the licence granted to the petitioner;
v) There will be no order as to costs;
The pending interlocutory application does not survive and the same stands disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE LB