IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.7672 OF 2008 (GM - MMS) BETWEEN:
Sri. H.G. Rangangoud, S/o. Sri. H.R. Gaviappa, Aged about 69 years, R/o. No. 142, Ward No. 15, N.C. Colony, Hospet – 583 203, Bellary District.
... PETITIONER (BY SHRI. H.G. RANGANGOUD – PETITIONER – ABSENT. ) AND:
1. State of Karnataka, Represented by its Secretary, Department of Commerce & Industries (Mines), Vikasa Soudha, 1st Floor, Dr. Ambedkar Road, Bangalore – 560 001.
2. State of Karnataka, Represented by its Secretary, Department of Forest, Ecology & Environment, M.S. Building, Dr. Ambedkar Road, Bangalore – 560 001.
3. The Director of Mines & Geology, Department of Mines & Geology, Khanija Bhavan, 5th Floor, Race Course Road, Bangalore – 560 001.
4. The Principal Chief Conservator of Forests, Aranya Bhavan, Malleswaram 18th Cross, Bangalore – 560 003.
5. M/s. Mysore Minerals Ltd.
(Government of Karnataka Undertaking), Represented by its Chairman & Managing Director, No.39, Mahatma Gandhi Road, Bangalore – 560 001.
6. Union of India, Represented by Secretary to Govt. of India, Ministry of Coal and Mines, Department of Mines, Shastri Bhavan, New Delhi – 110 001.
... RESPONDENTS (BY SHRI. V.G. BHANUPRAKASH, AGA FOR R.1 TO R.4, SHRI. A.K. VASANTH, ADVOCATE FOR R.5, R.6 - SERVICE HELD SUFFICIENT.) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 17.02.2007, ISSUED BY R.1 VIDE ANNEXURE-J AND ALL FURTHER PROCEEDINGS THERETO, IN SO FAR AS IT RELATES TO 484.62 HECTARES OUT OF 621.59 HECTARES, ETC.
THIS PETITION COMING ON FOR FINAL HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Called out for final hearing.
2. The learned counsel appearing for the petitioner pointed out that a memo of retirement has been filed. Perused the memo of retirement. To the memo of retirement, the letter dated 16th October, 2019 addressed by the advocate for the petitioner is annexed along with a photocopy of the postal acknowledgement of the said letter. By the said letter, the advocate for the petitioner informed the petitioner that though the petition is set down for final hearing, he has not given any instructions and therefore, a memo of retirement would be filed.
3. In view of the documents annexed to the memo of retirement, the advocate for the petitioner is permitted to retire.
4. No other advocate represents the petitioner. The petitioner is also absent. By the letter dated 16th October, 2019, the advocate for the petitioner has informed the petitioner that today is the date of hearing of the petition. Hence, we dismiss the petition for non-prosecution.
Sd/- CHIEF JUSTICE Sd/- JUDGE Mgn/-