Karnataka High Court
M/S Dilip Buildcon Ltd vs State Of Karnataka on 21 April, 2022
Bench: Chief Justice, S R.Krishna Kumar
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF APRIL, 2022
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.7161 OF 2022 (GM-MMS)
BETWEEN:
M/S DILIP BUILDCON LTD
INFRASTRUCTURE & BEYOND,
REGISTERED OFFICE: PLOT NO.5,
INSIDE GOVIND NARAYAN SINGH GATE,
CHUNA BHATTI, KOLAR ROAD,
BHOPAL - 462 016 (M.P.)
CORPORATE OFFICE AT
MIG-900, KHB COLONY,
NEAR JSS SCHOOL,
CHIKKAMANDYA,
MANDYA-571 402.
REPRESENTED BY ITS MANAGER-LIASION
MR. YOGESH KUMAR JAIN.
... PETITIONER
(BY SRI D.L.N. RAO, SENIOR ADVOCATE FOR
SRI ANIRUDH ANAND, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF COMMERCE AND INDUSTRIES
(MSME, MINES AND TEXTILE)
VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001.
2. DEPARTMENT OF MINES AND GEOLOGY
REPRESENTED BY ITS DIRECTOR,
KHANIJA BHAVAN, RACE COURSE ROAD,
BANGALORE-560 001.
3. SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
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MANDYA, MANYA DISTRICT-571 401.
... RESPONDENTS
(BY SRI S.S. MAHENDRA, AGA)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT ORDER QUASHING NOTICE BEARING NO.DMG/SG/QLA/2020-
21/4323 DATED 02.03.2021 OF THE VIDE ANNEXURE-'Q', ISSUED
BY THE 2ND RESPONDENT, IN THE INTEREST OF JUSTICE AND
EQUITY AND ISSUE A WRIT IN THE NATURE OF CERTIORARI OR
ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING ORDER
PASSED BY THE 2ND RESPONDENT BEARING
NO.DMG/SG/QLA/2021-22/6802 DATED 10.03.2022 OF THE VIDE
ANNEXURE-'U' ISSUED BY THE SECOND RESPONDENT, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard learned Additional Government Advocate appearing for respondent Nos.1 to 3.
2. In this petition, the petitioner has sought for the following reliefs:
a) Issue a writ in the nature of Certiorari or any other appropriate writ Order quashing notice bearing No.DMG/SG/QLA/2020-21/4323 dated 02.03.2021 of the vide Annexure-'Q', issued by the Second Respondent, in the interest of justice and equity.
b) Issue a writ in the nature of Certiorari or any other appropriate writ or order quashing order passed by the 2nd Respondent bearing No.DMG/SG/QLA/2021-22/6802 dated 10.03.2022 -3- of the vide Annexure-'U' issued by the Second Respondent, in the interest of justice and equity.
c) Issue such other relief or reliefs that this Hon'ble Court may deem fit in the circumstances of the case, in the interest of justice and equity.
3. Sri. D.L.N. Rao, learned Senior counsel appearing for the petitioner submits that the impugned demand notice has been issued in the most arbitrary and illegal manner without providing an opportunity to the petitioner. It is contrary to the principles of natural justice, as such, not sustainable in the eyes of law.
4. Learned Additional Government Advocate appearing for the respondents submits that in case the contention of the petitioner is that no opportunity has been provided to him before issuing the impugned demand notice, then the impugned demand notice and the impugned order may be treated as show-cause notices to the petitioner and the petitioner may file reply to the same and thereafter a fresh order should be passed. In this view of the matter the Writ Petition is finally disposed of with the following:
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ORDER I. The impugned notice dated 02.03.2021 and the impugned order dated 01.03.2022, a copy of which are annexed at Annexures-Q and U respectively to the writ petition shall be treated as show-cause notices to the petitioner.
II. A fresh joint survey shall be conducted by the concerned respondents in presence of the petitioner.
III. The petitioner shall submit his reply to the impugned notice dated 02.03.2021 and the impugned order dated 01.03.2022 within a period of three weeks from today. IV. Respondent No.3 - the Senior Geologist, Mandya after considering the reply of the petitioner and hearing him, shall pass a fresh order in accordance with law within a period of two weeks from the date of submission of reply as stated supra. V. No coercive action shall be taken against the petitioner on the basis of the impugned notice dated 02.03.2021 and the impugned -5- order dated 10.03.2022 till fresh order as proposed above is passed.
SD/-
CHIEF JUSTICE SD/-
JUDGE BMC