IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 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.27766 OF 2018 (GM-MM-S) BETWEEN :
SRI N. KUPENDRA S/O SRI R NANJUNDAPPA AGED ABOUT 67 YEARS R/AT NO.71, PILLAMMA ROAD BEHIND J.V.V. ST. THOMAS TOWN, H.R.B.R. 3RD BLOCK, BENGALURU 560084 ... PETITIONER (BY SRI GANAPATHY BHAT VAJRALLI, ADV.,) AND :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR VIDHI BENGALURU 560001 2. THE DEPUTY COMMISSIONER AND CHAIRMAN BANGALORE URBAN DISTRICT, BENGALURU 560009 3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY BANGALORE URBAN DISTRICT, V.V. TOWER, DR. B.R. AMBEDKAR VIDHI BENGALURU 560001 ... RESPONDENTS (BY SRI V.G. BHANU PRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 3RD RESPONDENT TO ACCEPT THE PRINCIPLE DUE AMOUNT OF RS.13,478.83/- BY CONSIDERING THE REPRESENTATION DATED 16.09.2017, AS PER ANNEXURE-G, WITH IMMEDIATE EFFECT AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. Petitioner is aggrieved by a communication dated 30.05.2017 (Annexure-A), by the Mines and Geology Department to the Deputy Commissioner, Bengaluru, to recover a sum of `2,03,568/- from him as arrears of land revenue.
3. Petitioner is owner of a quarry and claims that it was closed. The State Government issued notice as per Annexure-E dated 02.09.2011 calling upon the petitioner to pay `1,78,144/-. This was followed by the subsequent final notice as per Annexure-F dated 06.09.2012 calling upon him to pay `2,03,568/-. The petitioner claims that he has not received the aforesaid notices.
4. Upon receipt of a copy of communication issued by the Department to the Deputy Commissioner, Bengaluru, to recover arrears of royalty as arrears of land revenue, petitioner submitted a representation dated 16.09.2017 as per Annexure-G requesting the Senior Geologist, Bengaluru to consider and receive a sum of `13,478.83/- and to close the matter. Since his representation has not been considered, petitioner is before this Court.
5. Shri V.G. Bhanuprakash, learned AGA, on instructions, submits that the notices as per Annexures-E and F have been sent to the petitioner and the petitioner has slept over the matter.
6. In any event, no evidence is produced before the Court to show that notices have been served upon the petitioner. In the circumstances, we deem it appropriate that the petitioner should be heard before passing any order.
7. In the circumstances, the communication as per Annexure-A dated 30.05.2017 shall be treated as a show-cause notice and petitioner’s representation as per Annexure-G dated 16.09.2017 shall be considered by the Senior Geologist, Bengaluru District, within a period of four weeks after reconciling the accounts and a fresh order shall be passed in accordance with law.
The petition stands disposed of with above directions.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca