IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 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.10754-10771/2018(GM-MM-S) BETWEEN:
1. THOMAS RODRIGUES S/O PAUL RODRIGUES AGED ABOUT 49 YEARS R/AT IRODI VILLAGE & POST UDUPI TALUK UDUPI DISTRICT.
2. MADHAVA S/O NARSI HARIJANA AGED ABOUT 46 YEARS R/AT BALKUDRU VILLAGE HANGARAKATTE POST UDUPI TALUK UDUPI DISTRICT.
3. SATYAJITH SHETTY S/O RAJEEVA SHETTY AGED ABOUT 47 YEARS R/AT BALKUDRU VILLAGE HANGARAKATTE POST UDUPI TALUK UDUPI DISTRICT.
4. JEEVAN SHETTY S/O JAGAJEEVAN SHETTY AGED ABOUT 55 YEARS R/AT KUMRAGODU VILLAGE AND POST UDUPI TALUK UDUPI DISTRICT.
5. JOYSON D’ SILVA S/O GREGORY D’ SILVA AGED ABOUT 46 YEARS R/AT UPPINAKOTE, VARAMBALLI VILLAGE UDUPI TALUK UDUPI DISTRICT.
6. JAMES D’ SILVA S/O GREGORY D’ SILVA AGED ABOUT 46 YEARS R/AT GALADAKATTE VARAMBALLI VILLAGE BRAHMAVARA POST UDUPI TALUK UDUPI DISTRICT-576213.
7. CHANDRA S/O MINVA AGED ABOUT 48 YEARS R/AT RAJEEVA NAGARA HEROOR VILLAGE BRAHMAVARA POST UDUPI TALUK UDUPI DISTRICT.
8. MADHUKARA S/O. GANAPA POOJARY AGED ABOUT 40 YEARS R/AT HALEKODI, KACHHURU BARKURU POST UDUPI TALUK UDUPI DISTRICT-576210.
9. LOKESH G. MENDON S/O JABBA GURIKAR AGED ABOUT 58 YEARS R/AT NADUMANE, KUDRUBETTU UPPUR VILLAGE UDUPI TALUK UDUPI DISTRICT-576 105.
10. JAGADEESH POOJARY S/O GOPALA POOJARY AGED ABOUT 49 YEARS R/AT BAIKADI, BRAHMAVARA POST UDUPI TALUK UDUPI DISTRICT- 576 213.
11. USTAD BAPU SAHEB S/O IBRAHIM SAHEB AGED ABOUT 59 YEARS R/AT HOODE POST PADUTHONSE VILLAGE UDUPI TALUK UDUPI DISTRICT-576 115.
12. MELVIN ANTHONY SIKVERA S/O URBAN SIKVERA R/AT KOTE ROAD MUDUTHONSE VILLAGE KALYANAPURA POST UDUPI TALUK UDUPI DISTRICT.
13. UDAYA KUMAR S/O MUDDU POOJARY R/AT KAYANAPURA VILLAGE & POST UDUPI TALUK UDUPI DISTRICT.
14. UDAYAKUMAR SHERVEGAR S/O CHANDRASHEKAR SHERVEGAR AGED ABOUT 51 YEARS R/AT “SRI GANESH” IRODI VILLAGE AND POST UDUPI TALUK UDUPI DISTRICT-576 226.
15. ANNAPPA SHERVEGAR S/O CHANDRA SHERVEGAR AGED ABOUT 49 YEARS R/AT HEROORU VILLAGE AND POST BRAHMAVARA UDUPI TALUK UDUPI DISTRICT-576 213.
16. JOHNSON CRASTA S/O SANTHANA CRASTA R/AT GALADAKATTE VARAMBALLI VILLAGE BRAHMAVARA POST UDUPI TALUK UDUPI DISTRICT.
17. ERIK LOUIS S/O EPUJEP LOUIS VIYONIKA AGED ABOUT 52 YEARS R/AT VARAMBALLI VILLAGE BRAHMAVARA POST UDUPI TALUK UDUPI DISTRICT-576 213.
18. VITTALA SALIYAN S/O ITHA KUNDAR AGED ABOUT 52 YEARS R/AT VARAMBALLI VILLAGE BRAHMAVARA POST UDUPI TALUK UDUPI DISTRICT-576 213. ... PETITIONERS (BY SRI H. PAVANA CHANDRA SHETTY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MINES & GEOLOGY VIDHANA SOUDHA BANGALORE-560 001.
2. THE OFFICE OF THE SENIOR GEOLOGIST MINES & GEOLOGY DEPARTMENT MANIPAL, UDUPI.
3. SENIOR GEOLOGIST (MINERALS) & MEMBER SECRETARY DISTRICT 7 MEMBERS COMMITTEE (CRZ) UDUPI DISTRICT UDUPI.
4. THE OFFICE OF THE DIRECTOR MINES & GEOLOGY DEPARTMENT KHANIJA BHAVANA BENGALURU-560 001. ... RESPONDENTS (BY SRI. VIKRAM HUILGOL, HCGP) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 15.11.2017 ISSUED TO THE PETITIONER NOS. 1,2,3,4,12, 13 NAD 16 BY RESPONDENT NO.2, NAMELY OFFICE OF THE SENIOR GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, MANIPAL, UDUPI, DEMANDING PYAMENT OF ADDITIONAL PERIODIC PAYMENT (APP) IN RESPECT OF LICENSE GRANTED TO THE PETITIONERS FOR REMOVAL OF 1000 METRIC TONNES OF SAND MOUNDS PROUDCED AS ANNEXURE-A TO A6 AND ETC., THESE PETITIONS COMING ON FOR ORDERS THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
O R D E R Heard Sri H. Pavana Chandra Shetty, learned Advocate for petitioners and Sri. Vikram Huilgol, learned HCGP for the State.
2. Petitioners in these petitions, have challenged notices produced at Annexures – A to A6 and Annexures - H to H10 whereunder, the State has demanded certain additional periodical revenue payments for removal of sand mounds. Their grievance is that the said notices are in the form of demand without being preceded by notices facilitating them to file objections.
3. After hearing the learned Advocate for petitioners and learned HCGP and having noticed that the impugned Annexures are in the form of demand notices and no records are produced to show that any notices were issued preceding these demand notices, we direct that Annexures – A to A6 and Annexures - H to H10 shall be treated as show cause notices. Petitioners shall be at liberty to file their reply to the said show cause notices with the respondents-Authorities within four weeks’ from today. Thereafter, respondents-Authorities shall dispose of the case of the petitioners, in accordance with law in an outer limits of Eight weeks’ from the date of submission of reply by the petitioners.
4. It is submitted that the petitioners have deposited certain amounts in response to the aforementioned notices and all such payments shall be subject to the outcome of adjudication between the parties.
Petitions are accordingly disposed of. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VBS