IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 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 47789 OF 2018 (GM-MMS) BETWEEN SRI SANNASWAMY S/O D C CHENNAIAH, AGED ABOUT 52 YEARS, R/O HOUSING BOARD COLONY, SAKALESHPURA TALUK SAKALESHPURA, HASSAN-57 ... PETITIONER (BY SRI VIGHNESHWAR S SHASTRI ADV. ) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST MINES AND GEOLOGY, MS BUILDING, BANGALORE-560001 2. DIRECTOR OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE-560001 3. THE SENIOR GEOLOGIST (MINES) DEPARTMENT OF MINES AND GEOLOGY, KHANIJA DIVISION, NO.M.I.G.73, KUVEMPUNAGARA, HASSAN-573201 4. DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN-573201 5. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA, HASSAN DISTRICT-573201 6. THE TAHASILDAR SAKALESHPURA TALUK SAKALESHPURA HASSAN DISTRICT-573201 7. ADDITIONAL REGISTRAR ENQUIRIES-5 LOKAYUKTA, MS BUILDING BANGALORE-560001 ... RESPONDENTS (BY SHRI V.G. BHANUPRAKASH AGA FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 04.06.2014 ISSUED BY R-7 VIDE ANNX- B.QUASH THE NOTICE DTD 22.09.2018 ISSUED BY R-6 VIDE ANNX-D AND QUASH THE ORDER DTD 14.08.2018 PASSED BY R-4 VIDE ANNX-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard Shri Vighneshwar S. Shastri, learned advocate for petitioner and Shri. V.G.Bhanuprakash, learned AGA for respondent Nos.1 to 6.
2. Petitioner was granted mining lease to extract ordinary sand on 26.02.2009 for a period of one year. Lokayuktha for Karnataka initiated certain proceedings against the petitioner and five others alleging illegal mining. One K.A. Saleem challenged the order dated 04.06.2014 passed by the Lokayuktha before this Court in W.P.No.20331/2015. This Court by order dated 07.12.2016 has set aside the said order and remitted the matter to the Lokayuktha for reconsideration in accordance with law.
3. Shri Vigneshwar S. Shastri, learned advocate for the petitioner submits that after the matter was remitted to the Lokayuktha, no further proceedings were initiated. On 14.08.2018, the Deputy Commissioner, Hassan instructed the Tahasildar, Sakaleshpura to recover a sum of Rs.83,50,770/- from the petitioner. Pursuant thereto, Tahasildar has issued show-cause notice on 22.09.2018 to the petitioner. The said notice seeking recovery of the aforementioned sum is issued without there being any proceedings against the petitioner.
4. Shri. V.G. Bhanuprakash, learned AGA argued in support of recovery of dues.
5. We have carefully considered rival submissions and perused the records.
6. The Tahasildar has issued the show cause notice. It would be appropriate for the petitioner to reply to the said show cause notice. Accordingly, we grant two weeks from today to the petitioner to submit his reply and direct the respondents to consider the reply and to pass appropriate orders in accordance with law within eight weeks there from.
With the above observations, the writ petition stands disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR