IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER 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.44237/2017 (GM-MM-S) BETWEEN:
SRI GIRISH AGED ABOUT 51 YEARS R/AT VUDUVEGERE VILLAGE MADABAL POST, MAGADI TALUK RAMANAGAR DISTRICT – 562 127 ...PETITIONER (BY SRI PRAKASH B.S., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE & INDUSTRIES DEPARTMENT (MSME & MINES), VIKASA SOUDHA BANGALORE – 560 001 2. THE DIRECTOR/COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA, R.C.ROAD BANGALORE – 560 001 3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY PANCHAYATH BHAVANA RAMANAGAR – 562 127 …RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 18.1.2017 (ANNEXURE-A) ISSUED BY THE DEPUTY DIRECTOR AND COMPETENT AUTHORITY, DEPARTMENT OF MINES AND GEOLOGY, RAMANAGARA. ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Heard. Learned Additional Government Advocate appearing for the respondents fairly submits that the order dated 18.01.2017 (Annexure-A) impugned in this writ petition is contrary to the law laid down by this Court in Sri T.Ramesh v. The State of Karnataka and Others [WP No.31588/2017 (GM-MM-S) D.D. 18.07.2017] and he submits that the impugned order may be set aside and the matter may be remitted to respondent No.3.
2. In view of the above, we make the following order:
The impugned order dated 18.01.2017 (Annexure-A) is set aside. The matter is remitted to respondent No.3 for reconsideration is accordance with law. All contentions of both the parties are kept open. The writ petition is accordingly disposed of.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB