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. 13274 OF 2017 (GM-MM-S) BETWEEN:
SRI BASAVARAJ S/O VIRUPAKSHAPPA SAJJANASHETTY, AGED ABOUT 55 YEARS, OCC:FIRST CLASS CONTRACTOR, R/O SULEPET, TQ:CHINCHOLI, DIST:KALABURAGI (BY SRI. SHIVAYOGESHA SHIVAYOGIMATH FOR ... PETITIONER SMT. RATNA N SHIVAYOGIMATH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF MINES AND GEOLOGY, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-1 2. THE DIRECTOR DEPT. OF MINES AND GEOLOGY, KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU-1 3. THE DEPUTY DIRECTOR DEPT. OF MINES AND GEOLOGY, KALABURAGI, DIST: KALABURAGI 4. THE EXECUTIVE ENGINEER DEPT. OF PUBLIC WORKS PORT & INLAND WATER TRANSPORT, KALABURAGI DIST, KALABURAGI-585101 (BY SRI. BHANUPRAKASH V G, AGA) ---
... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH INTIMATION LETTER/ORDER DATED 15.12.2016 ISSUED BY THE R-2 VIDE ANNEXURE-C AND DIRECT THE RESPONDENTS TO ADJUST THE ROYALTY PAID BY THE PETITIONER AS PER ANNEXURE-B TO B3 TOWARDS THE ROYALTY FOR THE MINERALS EXTRACTED FROM THE MINES LEASED TO THE PETITIONER AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, P.S.Dinesh Kumar, J., MADE THE FOLLOWING:
ORDER Heard.
2. Shri. Shivayogesha Shivayogimath, learned Advocate for the petitioner submits that the Deputy Director, Department of Mines & Geology, Kalburgi, by his communication dated 15.12.2016 has directed the petitioner to pay arrears of royalty of Rs.56,52,604/-, failing which the same would be recovered as arrears of land revenue. The learned Advocate submits that there is no arrears of royalty payable by the petitioner.
3. In his usual fairness, Sri V.G.Bhanuprakash, learned AGA submits that if petitioner submits the accounts to the Deputy Director, the same would be reconciled.
4. In the circumstances, we direct that the communication dated 15.12.2016 shall be treated as a ‘Show cause Notice’ and permit the petitioner to place the acknowledgment/payment receipts for having paid the royalty before the Deputy Director, Department of Mines & Geology, Kalburgi. If petitioner submits details of payments made by him, the Deputy Director, Mines & Geology shall reconcile the amounts and intimate the outcome to the petitioner.
5. With these observations, the writ petition stands disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Snb/