IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF FEBRUARY, 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.56325 OF 2018 (GM-MM-S) AND WRIT PETITION NO.7449 OF 2019 (GM-MM-S) BETWEEN :
SRI. KRISHNAPPA N. POOJARY S/O NARANAPPA POOJARY AGED ABOUT 53 YEARS R/AT NITHYANANDA PALNEER ROAD, KAVOORU, MANGALURU TALUK, D.K-575 001.
... PETITIONER (BY SRI VISHWAJITH SHETTY S., ADV.,) AND :
1. THE STATE GOVERNMENT REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF MINES & GEOLOGY, MULTISTORIED BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-01 2. THE DEPUTY DIRECTOR OF MINES & GEOLOGY 1ST FLOOR, JUGAL TOWERS, MALLIKATTA, MANGALURU D.K.-575 003.
... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TO DIRECT THE RESPONDENTS TO CALL FOR THE RECORDS FROM THE R-2 WHICH ULTIMATELY RESULTED IN ISSUING THE DEMAND NOTICE ANNEXURE-A DATED 5.12.2017 BY THE R-2 AND THE DEMAND NOTICE ANNEXURE-B DATED 13.03.2017 BY THE R-2; QUASH THE DEMAND NOTICE ANNEXURE-A DATED 5.12.2017 BY R-2 AND THE DEMAND NOTICE ANNEXURE-B DATED 13.03.2017 MADE BY THE R-2 ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Sri Vishwajith Shetty S., learned advocate for the petitioner submits that respondent No.2 – Deputy Director of Mines and Geology has sent a communication dated 05.12.2017, calling upon the petitioner to pay a sum of Rs.12,14,124/-. This communication is not preceded by any show cause notice nor the petitioner was heard before the said communication. Accordingly, he prays that the said communication / order passed without hearing may be set aside.
2. Learned Additional Government Advocate in his usual fairness does not dispute the above said facts.
3. In the circumstances, we direct that the communication dated 05.12.2017, shall be treated as show cause notice and the petitioner shall be at liberty to submit his reply to the show cause notice within four weeks from today.
4. The respondents shall consider and dispose of petitioner’s reply if any submitted as expeditiously as possible and in any event not later than four weeks from the date of submission of reply. In the meanwhile, respondents shall not take any coercive steps.
5. Petitions are disposed of accordingly. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE