IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH 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 NOs.18189-18192 OF 2019(GM-MM-S) BETWEEN:
1. SRI. C.THAMMAIAH S/O LATE. CHANNEGOWDA AGED ABOUT 69 YEARS RESIDING AT CHIKKONAHALLI VILLAGE KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT-577126.
2. SRI.K.M.NANJUNDAIAH S/O LATE. MALLAIAH AGED ABOUT 50 YEARS RESIDING AT KELLAGHATTA VILLAGE KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT-577126.
3. SRI. MALLAIAH @ CHIKKONU S/O LATE. LINGAIAH AGED ABOUT 75 YEARS RESIDING AT SEENAPPANNA DODDI KOPPA HOBLI, MADDUR TALUK MANDYA DISTRICT-577126.
... PETITIONERS (BY SHRI. T.SHESHAGIRI RAO, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIKAS SOUDHA BENGALURU-560 001.
2. THE DIRECTOR OF MINES AND GEOLOGY IN THE STATE OF KARNATAKA KHANIJA BHAVAN BUILDING RACE COURSE ROAD BENGALURU-560 001.
3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY 1ST CROSS, VIDYANAGARA, MANDYA MANDYA DISTRICT-571401.
... RESPONDENTS (BY SHRI. D.NAGARAJ, AGA SHRI. A. LOURDU MARIYAPPA, ADV.
FOR IMPLEADING APPLICANTS ON IA.1/2019) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH OF FOUR ORDERS WHICH ARE PASSED BY THE RESPONDENT-3 ALL DATED 11.04.2019 WHICH ARE FOUND AT ANNEXURES-F, F1 G AND H RESPECTIVELY TO THE WRIT PETITIONS.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The learned Additional Government Advocate states that all four impugned orders dated 11th April 2019 will be withdrawn on the ground that an opportunity of being heard was not given to the petitioners before passing of the said orders. He states that a show-cause notice will be issued to the petitioners and after hearing them, appropriate orders shall be passed thereon. He also states that objections raised by the petitioners in W.P.No.14858/2018 shall be taken into consideration while deciding the show-cause notice.
2. As the impugned orders are withdrawn, the petitions do not survive. Accordingly, we pass the following order:
a) In view of the aforesaid statements, the impugned orders dated 11th April 2019 are hereby quashed and set aside;
b) It will be open for the concerned authorities to issue a fresh show-cause notice to the petitioners and pass appropriate orders thereon in accordance with law after giving an opportunity of being heard to the petitioners;
c) We accept the statement made by the learned Additional Government Advocate on instructions that while deciding the show-cause notice, the objections raised by the petitioners in W.P.No.14858/2018 shall be considered;
d) The petitions are disposed of in the above terms;
e) The pending interlocutory application does not survive and is accordingly disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE DM