IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NOs.18230-231/2019 & 19081-19083/2019 (GM-MM-S) BETWEEN:
1. SRI NAGENDRA K.N. S/O. SRI NANJEGOWDA AGED ABOUT 31 YEARS OCC – BUSINESS RESIDING AT KAGANOOR VILLAGE POST: SHIRIGAWARA HOSAKOTE HOBLI ALUR TALUK HASSAN DISTRICT – 573 213 2. SRI K.G. CHANDRASHEKAR S/O V.B. GURAPPAGOWDA AGED ABOUT 45 YEARS OCC – BUSINESS KYANAHALLI VILLAGE – POST SAKALESHPURA TALUK HASSAN DISTRICT – 573 134 3. SRI ISAK S/O ABDUL GAFAR AGED ABOUT 50 YEARS OCC – BUSINESS ACHANGI VILLAGE HALASULIGE POST SAKALESHPURA TALUK HASSAN DISTRICT – 573 134 ... PETITIONERS (BY SRI PRAKASH M. PATIL, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED 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 ... RESPONDENTS (BY SRI BHANUPRAKASH V.G. AGA) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICES DATED 09.10.2018 ISSUED BY RESPONDENT NO.4 (ANNEXURE-‘B’, ‘C’, ‘D’ & ‘E’) AND THE LETTER DATED 07.02.2019 ISSUED BY THE RESPONDENT NO.4 (ANNEXURE-‘G’) AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
JUDGMENT Learned advocates on both sides submit that the issue involved in these petitions is covered by the decision of this Court in W.P.Nos.12942-12944/2019 disposed of on 1.4.2019.
2. Heard Shri Prakash M.Patil, learned advocate for petitioners and Shri. V.G.Bhanuprakash, learned AGA for the respondents.
3. These writ petitions are filed with a prayer to quash notices (Annexures-B, C, D & E) all dated 09.10.2018 calling upon the petitioners to pay a cumulative sum of Rs.85,000/-(Rs.60,000 + Rs.25,000) in respect of petitioner No.1; Rs.1,60,000/- in respect of petitioner No.2 and Rs.2,60,000/- in respect of petitioner No.3 towards penalty for alleged illegal transportation of sand.
4. Shri Prakash M. Patil, learned advocate for petitioners submits that without any enquiry respondents have issued impugned notices calling upon the petitioners to pay the aforementioned amount.
5. Shri V.G. Bhanuprakash, learned AGA for State submits that if petitioners submit their reply, the respondents shall examine the matter in accordance with law and pass appropriate orders within four weeks. His submission is placed on record.
6. We accordingly dispose of these writ petitions granting liberty to petitioners to submit their reply to the notices as per Annexures B to E within two weeks from today. If replies are filed, the respondents shall consider them within an outer limit of four weeks from the date of receipt of replies.
No costs.
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ACTING CHIEF JUSTICE Sd/- JUDGE *ALB/-