IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.45960/2017 (GM-MM-S) BETWEEN:
SRI V.PURUSHOTHAMA S/O SRI VENKATARAMANAPPA AGED ABOUT 32 YEARS R/AT KANNAHALLI KODIGEHALLI POST YESHWANTHPURA HOBLI BENGALURU-560 091 ...PETITIONER (BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY COMMERCE AND INDUSTRIES DEPARTMENT (MSME AND MINES), VIKASA SOUDHA BENGALURU-560 001 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K.G.ROAD BENGALURU-560 009 3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY RACE COURSE ROAD, KHANIJA BHAVAN BENGALURU-560 001 4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY OFFICE AT 13TH FLOOR V.V.TOWER DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 5. SRI G.N.KUMAR S/O LATE NARASIMHAIAH AGED ABOUT 32 YEARS R/AT NO.113 GOLLAHALLI VILLAGE BENGALURU-562 130 …RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AGA FOR R-1 TO R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 07.06.2017 IN CASE NO.Q.L.S. NO.20/2017-18 PASSED BY RESPONDENT NO.2 AT ANNEXURE-L AND CONSEQUENTLY QUASH THE CANCELLATION OF NOTIFICATION DATED 14.07.2017 ISSUED BY RESPONDENT NO.4 AT ANNEXURE-M ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Heard. Learned Additional Government Advocate appearing for respondent nos.1 to 4 fairly submits that the order dated 07.06.2017 at Annexure-L and the order dated 14.07.2017 at Annexure-M were passed without affording an opportunity of hearing to the petitioner.
2. In view of the above, the aforesaid orders are unsustainable in law as being violative of the principles of natural justice and are accordingly set aside. The concerned statutory authorities shall reconsider the matter in accordance with law after affording an opportunity of hearing to the petitioner, expeditiously and in any event, within three months from the date of receipt of a copy of this order.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE bkv