IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION Nos.54538-54539/2017 (GM-MM-S) BETWEEN:
SRI SURESH SHETTY S/O SRI KUTTY SHETTY AGED ABOUT 43 YEARS POST:NANDALIKE VILLAGE-576 176 KARKALA TALUK, UDUPI DISTRICT ...PETITIONER (BY SRI K.CHANDRANATH ARIGA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY (MINES-2) INDUSTRIES & COMMERCE DEPARTMENT VIKASA SOUDHA DR.AMBEDKAR ROAD BENGALURU-560 001 2. THE DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI-577 201 3. THE SENIOR GEOLOGIST (MINERAL) DEPT. OF MINES & GEOLOGY UDUPI-577 201 4. THE DEPUTY CONSERVATOR OF FOREST KUNDAPURA SUB-DIVISION KUNDAPURA-576 210 UDUPI DISTRICT …RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE G.O. NO. CI 83 MGS 2017 BENGALURU DATED 4.10.2017 AT ANNEX-B ISSUED BY R-1 AND QUASH THE NOTICE DATED 30.10.2017 ISSUED BY R-3 AT ANNEX-C.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING-‘B’ GROUP, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Heard. Sri V.G.Bhanuprakash, learned Additional Government Advocate appearing for the respondents fairly submits that the impugned orders at Annexures-B and C dated 04.10.2017 and 30.10.2017 respectively were not preceded by any notice to the petitioner.
2. In view of the above, the aforesaid two orders are violative of the principles of natural justice. Hence, they are liable to be set aside and are accordingly set aside.
However, the respondents are at liberty to take action in the matter in accordance with law.
Petitions disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Yn.