V. The Senior Geologist III THE HIGH GOURT OF' KARNATAKA AT ~. Datnd this the 20*' day ofdunc, V BEFORE ' mm Hoxrnm MR..Ja§T1CE._§ :3 Writ Petition Ne.f 1~¢§60f5.of'20?)?..VVfGMlMM§S} BETWEEN; TA " 1' S/o Khcmu Ra,t_,.hod 5; = Aged about 3&3 years ' V. Resident of Inga]agi;jV':11age'--. «. Wadi J1113<:'ti:o::t.,T "*::.-- Ch1ttapmg'aTalui-:.f, _ * Gulbargaiflistiict " ' ...Petitioner (By mm s F?aj.§i1£§dr:2;'1E'I;asad, Senior Counsel for s. M 'S Rajcrtdra Pfasad Asmciates, Advocates) 1 . *-State 6£V.Kazfn1&taka ' . Mines &.C-estnlogr Department M S ,B111lc!ings D1"...fi R Ambedkar Vecdhi Banggfiom -- 560 001 V. " Represented by its x _PIiI1cipal Secmtaxy to Govcxnmcnl ' Mines 6:. Ge-ologw Depamnént Gulharga 3 The Deputy Commissioner Gulbarga District, Guibarga % 1 -- (By 831' M B P;abha1;;ai¥; A0-gg)'~._ ~:' 0 A " 0 This wm Pefifion is 0100 u11de1;".A__V_zlcs 0:200 and the Cionstitution of India, pxaving to quash' tiiig a§rd.c::f diatcti ' a 3-9-2007
of the 3″ mspandent ‘taper A2111¢xuMtt_r-A;1,>asV’il1egal
and zmsustaiuabit: in law. ” F
This Writ Petition o1:;Vfb’r._ hearing in
“B” Group this day, the mad:
TI_1c_ petifion seeking Writ of
ccrtiorarig_for–_ qugg.a;;2g00:0e00 dated 03.09.2007 passed by
the: M10 z’0s§)0ud01it by which his request
V for e:i’~h’?§i\’«,aneuraj-»9fVléé1sev:’0r refund of money paid, is Iejectm.
.A_V;’pe’-;’:’;it:i<:r11e::* was granted the lease of sand block
N0-.SA :1':i§§er .F;a§na, as he was the highest bidder who had
" 0003000 Rs..é3,45,0m~00 in public auction. The period of one
from 21.01.2006. Lease (iced was executed on
V. When the pcfifionctr started using diesel pump
éjcts, pipes and mobilized boats to suck the sand from the river
bed of Kagzina, there was a public: protest and therefore, the
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petitioner was mlled upon to stop excavation of
help of machinery. The petitioner chailcngexi _A "=
prefczmng writ petition in W.P.No.f36"§O/'G7."«A_ T'nn_"
pcfition was aiiovwed and the;
dimctcd to consider the cLa1m’ V.
appmpriate orders. Commissioner
issued notice to 1:11: ‘Lhas passed the
intiptlflbd
3. appearing for the
peiitiuoncrvV”-:=1$sa1hn’V’ order contends that the
impugned oxflér is Jia’ia1¢A:-7tnV set aside on the gound of non-
” cf 01′ natural justice. Secondly, he
jaflcgafions made against the petitioner is not
csta5’bAl.i’shui.A he contended that ctithcr he ahould get the
Iztfsncwen :,)f th¢V or he should get the pmpoltinnate mftmcl
” ,fln1¢3€:1;11OV1ViI1t which he had paid as least: amount.
j I do not find any substance in any of these
nontscnfions. A perusal of the impugned oniez’ shows that in
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mncwal would not arise. Assuming that 11: has
prevented £10311 carrying on the mining V’
that how army days he was pmvent@¢i,”‘what V
sustained, how much he would have
is the matter which Iequircs ééifapce the * L’
Deputy Commissioner nqr –i1;tQJ§the said
question and hold a flue petitioner to
approach the campctgnt xfovrf
7. If’ ‘establish the damages
sustainotfiglié wgmd fc$if’Vféfi nad of that portion of the
amount hé “it; law. Thcrefoxe, then: is no
merit 5;; 3 w1ét ‘p_ciAifib31.’;~*: Aoeonamgzy, it is mjccted.
.. i.§”msarz»ed to the peiitioner to approach the
Ifhe so choaaas to seekfor damagw.
Sd/-g-Z;
Jufiééi