IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH 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. 14782-783 OF 2019 (GM-MMS) BETWEEN SRI RANGANATH K.G. S/O THYAGARAJ AGED ABOUT 39 YEARS OCC-BUSINESS RESIDING AT KAGANOOR VILLAGE HOSAKOTE HOBLI ALUR TALUK HASSAN DISTRICT – 573 213 ... PETITIONER (BY SHRI PRAKASH M. PATIL. ADV.) 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 – 573201 4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND MINERALS KHANIJA DIVISION HASSAN DISTRICT 573 201 ... RESPONDENTS (BY SHRI V.G. BHANU PRAKASH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED BY THE R-4 VIDE ANNEXURE-C DATED 09.10.2018 AND THE LETTER DATED 07.02.2019 ISSUED BY THE R-4 VIDE ANNEXURE- E AND ETC.
*** THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard Shri Prakash M.Patil, learned advocate for petitioner and Shri. V.G.Bhanuprakash, learned AGA for the respondents.
2. These writ petitions are filed with a prayer to quash notice (Annexure-C) dated 09.10.2018 calling upon the petitioner to pay a cumulative sum of Rs.1,50,000/- towards penalty for alleged illegal transportation of sand.
3. Shri Prakash M. Patil, learned advocate for petitioner submits that without any enquiry respondents have issued impugned notice calling upon the petitioner to pay the aforementioned amount.
4. Shri V.G. Bhanuprakash, learned AGA for State submits that if petitioner submits his reply, the respondents shall examine the matter in accordance with law and pass appropriate orders within four weeks. His submission is placed on record.
5. We accordingly dispose of these writ petitions granting liberty to petitioner to submit his reply to the notice as per Annexure C within two weeks from today. If reply is filed, the respondents shall consider the same within an outer limit of four weeks from the date of receipt of reply.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR