IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH 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 PETITIONS No.14614-14616/2019 (GM-MM-S) BETWEEN:
SRI SYED ANWAR S/O SAYED JAMAL AGED ABOUT 61 YEARS OCC-BUSINESS R/AT NO.5551, R.R.MATCH FACTORY SALEM NAGARA HASSAN DISTRICT-573 201 ... PETITIONER (BY SHRI. 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 SHRI V.G. BHANU PRAKASH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 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 NOTICE VIDE ANNEXURE-D DATED 09.10.2018, AND THE LETTER DATED 07.02.2019 ISSUED BY THE R-4 VIDE ANNEXURE-F AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 24.11.2018 AND 18.12.2018, VIDE ANNEXURE-B AND J RESPECTIVELY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE P.S.DINESH KUMAR J., MADE THE FOLLOWING:-
O R D E R 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 notices (Annexure-C & D) dated 09.10.2018 calling upon the petitioner to pay a cumulative sum of Rs.1,40,000/- 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 notices 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 the petitioner to submit his reply to the notices as per Annexures C & D 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.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Yn.