IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT PETITION NOS.30022-30027 / 2019 (GM-MM-S) BETWEEN:
1. SRI GIRISH R S/O RAJAPPA AGED ABOUT 50 YEARS OCC- BUSINESS 2ND CROSS, VISHWANATH NAGARA HUNASINAKERE HASSAN HASSAN DISTRICT – 573 201 2. SRI PUTTASWAMY K.M. S/O NANJEGOWDA AGED ABOUT 50 YEARS OCC-BUSINESS KITTAGERE VILLAGE K. HOSAKOTE HOBLI ALUR TALUK HASSAN DISTRICT – 573 213 3. SRI H.D. THIMMEGOWDA S/O DODDEGOWDA AGED 50 YEARS AT POST HAREEHALLI VILLAGE K. HOSAKOTE HOBLI ALUR TALUK HASSAN DISTRICT – 573 213 4. SRI SYED ANWAR S/O SAYED JAMAL AGED ABOUT 61 YEARS OCC-BUSINESS R/AT NO.5551 R.R. MATCH FACTORY SALEMM NAGARA HASSAN DISTRICT – 573 201 (BY SHRI PRAKASH M PATIL, ADVOCATE) AND:
... PETITIONERS 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU – 560 001 2. THE DIRECTOR / COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001 3. THE DEPUTY COMMISSIONER HASSAN DISTRICT KHANIJA DIVISION HASSAN – 573 201 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND MINERALS KHANIJA DIVISION HASSAN DISTRICT – 573 201 (BY SHRI VIKRAM HUILGOL, HCGP) ---
... RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 09.10.2018 VIDE ANNEXURE-B, NOTICE DATED 09.10.2018 VIDE ANNEXURE-C, D, E, F AND LETTER DATED 07.02.2019 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-H AND ETC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondents.
2. The learned counsel appearing for the petitioners states that as the fourth petitioner had given an undertaking which is noted in the impugned notice dated 7th February 2019, the fourth petitioner will not press the petition.
3. As far as the first three petitioners are concerned, before demanding the penalty amount, show cause notice was not served to the said three petitioners.
4. Only on this ground, we propose to interfere and direct the Senior Geologist to issue a show cause notice to the petitioners and thereafter decide the matter after giving an opportunity of being heard to the petitioners. Accordingly, we pass the following order:
(i) The petitions stand disposed of as not pressed insofar as the fourth petitioner is concerned;
(ii) We direct the Senior Geologist, Mines and Geology Department to issue a show cause notice containing all material particulars to the remaining petitioners within a period of four weeks from today;
(iii) After giving an opportunity of filing reply to the show cause notice and after giving an opportunity of being heard to the petitioners, appropriate Authority shall pass an order in accordance with law within a period of two weeks from the date on which the show cause notice served on the petitioners;
(iv) Till the disposal of the show cause notice, it is obvious that the demand made by way of the impugned notice shall not be acted upon;
(v) The writ petitions are disposed of in the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN