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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23% DAY OF' SEPTEMBER 2010
PRESENT "
THE HONBLE MR.J.S.I<IIEI~IAR, CHIEF JUSTI'CE_"gTu
AND 1. __
THE HONBLE MRJUSTICE A.S.BOPAI§fNA--Y./2' _
WRIT PETITION NO. 28594;/'2'o'1T0'(GM<M_IvIvS3_ I '
BETWEEN I
.1.
._.a
£9 I 4.
Q . I
M/S SOUTHERN MINERAIL-.uE'XPORTS_
A PROPRIETARY CONCERN -- ' «-
REP. BY ITS PROPRIET'O~I2 * '
SR1. L. SIIIVAKUL/IA39*;,_A I
S/O SR1. L UMAPATH1
AGED ABOUT 59 YEARS, .
NO. 1339..f3.1."~IST§;CROSS,-_ '
N.C.CO_LDN'£;'I'HQVSPET583201'
._ PIEJTITIONER
[By M C'I:+IIDANANDAI'Y,
STATE.,OI~f
R-EPRESEN'fE'D BY ITS SECRETARY TO
~ DEPARTMENT OF INDUSTRIES AND
_ A - COMMERCE (SSI, TEXTILES AND MINES}
" ~ _ VIKASAA"S_OUDHA, I3ANGALORE--550001
' DEPARTIVIENT OF MINES AND GEOLOGY
" NO,49",KHANIJA BI-IAVAN
RACE COURSE ROAD,I3ANGALORE--560001
. 1' SENIOR GEOLOGIST
' "DEPARTMENT OF MINES AND GEOLOGY
KOPPAL DIST. KOPPAL
THE DEPUTY COMMISSIONER
KOPPAL DISTRICT, KOPPAL.
THE DEPUTY CONSERVATOR OF' FORESTS
KOPPAL DIST. KOPPAL
RESPONDENTS
(By Sri R.G. KOLLE, AGA]
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF’ THE C0§\ISTI’I’U’I’ION OF INDIA PRAYIN___G TO
CALL FOR THE RECORDS FROM THE RESPONDENTS
WHICH ULTIMATELY RESULTED IN PASSING
DATED 13.08.2010 ANNEXURE A TO THE
CLAUSE NO. VI WHICH RESTRICTS THEI~..’_GRANT’
PERMISSION FOR ESTABLISHING STOCK- FOR I-. ”
PROCESSING UNIT AND CONSEQ’U«EN’1f1AL_A0C01RCULAR
13.08.2010 ANNEXURE A To THE ‘!;?X’IfE1\IT O-1?’ CI;A.U’:3:E__Nf}_.I
VI WHICH RESTRICIS THE GRANT__OF_ PERl:\{i_1SSION’:.’F’OpR’–u
ESTABLISHING STOCK YARD PROCESSINGQIJNIT-IAND 2 V 0′
CONSEQUENTIAL CIRCULAR “DATED _0’s.2’0IC_ ISSUED
BY THE 2ND RESPONDEIVTV BEARING NO.
SABHOOEE/SToCKYAI_?{1:>_/20″10;¢I1.,_ viDE ANNEXURE B
AND THE NOTICE DATED 14..0_8§2010′ PASSED BY THE 3RD
RESPONDENT I TERN1INA.’1’1P~1G it _ STOCKYARD
PERMISSION ORANTED To TIIE ‘PETITIONER ANNEXURE C
AND ETC. H
THIS’wRiT;jPETITIOIN’_COIVIINE ON FOR PRELIMINARY
HEARIDIQ». ,THiS”‘ii:;DAY,, I-._CHIEIE…v”‘JUS1IcE MADE THE
FOLLOVVING j
” “‘~_Q”R’*D E R
J.S.£’.1EIEHAR,h(J.IhF. (oral) :
0 _ the an application preferred by the
1 was permitted to establish a stock yard for
storing,._’st0C’k0 of minerals. During the subsistence of the
Jaforesaid liberty granted to the petitioner, the State
‘Government passed an order dated 13.8.2010
“restricting the grant of permission for the stock yard
only to the mine Owners and those who have processing
plants. A circular dated 13.8.2010 was accordingly
issued by the Director, Department of Mines and
n.
tul-A–mun!
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Geology requiring the implementation of the order dated
13.82010.
2. Based on the order dated 13.8.2oir.1€_:”;’j’a-e’se.di’ .
the State Government, as also. the “‘
13.8.2010 passed by the Director,
and Geoiogy; the Senior Cieologist;’v~
order dated 14.8.2010 .1_.sto,rf3k yard
permission granted 1 _p Through the
instant Writ vpetitioni'”theiilpvetitioner assailed the
Cancellation’ The solitary
eonteI1tioi1.,%”iVai3f57~Ed”«.11?1l1\’the:-.1earned counsel for the
petitioner” order dated 14.8.2010
adverselyxaffheetsl rights of the petitioner. It is
su15mit.ted, that the aforesaid order could
= lfbeien passed by respondent no.3 without
rules of natural justice. In this behalf it is
1r._submitt’e:d, that no notice whatsoever was issued to the
,.j/f//’})\iti_<3ner informing him the basis for canceling the
stockyard permission. It is further pointed out that no
opportunity was afforded to the petitioner to respond to
any such determination at the hands of the
respondents.
we
U”
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3. Mr. Kolle, learned Government Advocate.
appearing on behalf of the respondents does not dispute
the factual position noticed herein above;
accordingly states that the impugned
14.8.2010 be treated as a show’-Cauese
liberty to the petitioner to respond the
period of two weeks from It is.asse_rteedeuthat on we
receipt of the reply by the the competent
authority would pass an .order5in aceoij=dai1ce with law.
4. In; niade by the learned
counselr-forerthee’respondents;”W-efhereby direct that the
impugned shall be treated only
as a show “cause -no’t,ice..–issued by the Senior Geologist.
*<.__to petitioner;~———-Ti1e petitioner shall have liberty to
same within two weeks from today,
the respondent shall be free to pass
— ‘ ,_appropriate orders thereon.
5. Since the impugned order dated 14.8.2010 is to
be treated as a show cause notice (in terms of the
submission made at the hands of the learned counsel
for the respondents} the petitioner may continue to use
the land in question as a stock yard till a final order is
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passed by the competent authority. After the final order
is passed, the petitioner shail abide by the same.
The instant writ petition is disposed of in
aforesaid terms. ‘
txusfice
akc* V
Index: YEN .