1:' A .
IN THE HIGH COURT OF KARNATAKA AT I:3ANGALc.V)';%2_§:A._V_
DATED THIS THE 30th DAY OF JULY 2009- 5 ;_. A'
PRES ENT
THE HON'BLE MR. 13.1). DINAKAI§AN»,::Cs1I'EDF _v A 1:'
AND .
THE HON'BLE MR.JUSTI'C;E»V.G.SABFIA}4II'I;
WRIT PETITI(;)jgNO._«'1'i'3'1'{5:[2VC09 "
BETVVEEN :
1 HANAMAN'TAI?PA A '-
S/O NLALAMNLANTAKIAR
AGED 52 A _ G_ '
OCC.:T.AGRIC[}'i;fJ,'U_REV
R/O. RANEBENEXHJR
DISTRICT ' ' PETITIONER
(By Sri: K N RAO )
SECRETARY
_ --D2239'-:{iDF MINES AND GEOLOGY
. BANGALORE A
_ SENIGRVGEOLOGIST
T ; MINES AND GEOLOGY DEPARTMETN
" V DHINAGAR
' 'DHARVVAD
3 THE DEPUTY COMMESSIONER
HAVERI DISTRICT HAVERI
4 THE TAHASILDAR
RANEBEN N UR
DIST HAVERI. ...%RESPo:aDE1SiTs"'~~.: "
(By Sn':BASAVARAJ KAREDDY, GA.,]:'..__
THIS WP IS FILED PRAYING-..fro QUASH AIQN-A,A'.&v C.&
D NOTICES ISSUED BY R2, AND'~TC5.QUASH N(E)TICES
ISSUED BY THE R3 & R4 AS PER._ANN--E BY' ISSUZNG A
WRIT OF CERTIORARI OR» OTHER APPROPREATES WRIT
OR ORDERS. ' -- .
This Writ petition_ 'Rreiirxziinaxy Hearing on
this day, SABfIA}f?II'I'§L', made fo_I1QWin'g.-----~"
. . E . N
:is» nnchier Articles 226 and 227 of
the Constitunegi .of I-ndia quashing notice Annexure--D
-dated and "ea;j1_i_e.:" notices Annexures--A to C annexed
V"c.r;V> writv_petit_1;E)n__and also to quash Annexure--E issued by
the recovering arrears of royalty and penalty
as arrears (1-Sf land revenue.
\.2x
2. It is the contention of the petitioner that a notieeéllllias
been issued to the petitioner on 6.6.2007 alleging _
petitioner had stored the sand to an extent of 900, "
in RS.No.6/ 1B of Paste Vittal s/o.Vishnap'pa
Ranebennur Taluk and the saidsand hadlbeen rernoired fifoin
Tungabhadra river without royalty the
penalty to the Government to pay the
royalty and penalty of days of the
issuance of 15.3.2008,
18.10.2008 andflfifia;s':"_;1.§ti¢.?ft1a£§d5gg3.,'1.2009 have been
issued and for recovering the
amount iiljppetitioners as arrears of land
revenue. Being..aggniev_ed*._}oy«the same, writ petition is filed for
. the ahoxije said reliefs contending that petitioner has not stored
V'sand"u_nauthoi'isedly as the land in which sand was stored
Vittal s/o.Vishnappa and petitioner not
Vbeing the of the sand which is stored in the land
Aubpeloizging to Paste Vittal, the petitioner is not liable to pay any
\)
mined by the petitioner and illegally stored in the land4Paiste
Vittal and therefore, petitioner is liable to pay _
penalty. On the other hand, it is the conten:ti~on*:of«.the
petitioner that he is not the owner of the..lajz1d--cc .'
stored and he has not mined any sand" and was"i1otd'I_iabli: to
pay any amount and the demand'<n_Votice has trguashed.
The materiai on record that petitioner
was issued with notices and final
notice dated not choose to
reply to the the said sand stored
in the does not belong to
him and the: respondents reveal that it
was the petitioner=who_ sand illegally without obtaining
– any lic’e~ir1ee__fAand stor”ed..t.he same in the land of Paste Vittal and
“iihcreforpe, .1nf.trieA’absence of any explanation submitted by the
petitioiier v.ir1’A.Tr.esponse to the four notices issued to the
V petitioner, “respondents were justified in holding that the sand
stored” in the land of Paste Vittai s/o.Vishnappa which
‘_’be’lcrVigs°’to the petitioner and in demanding the arrears of
\»
royalty and penalty and having regard to the above said_V”faC~ts.
we do not find any reason to interfere with the _
notices in exercise of the writ }’urisdic:tion_- dd
Accordingly, we hold that there is no
and pass the following order: V’ d. A d V
The Writ petition is dismissecia ‘ ‘ a ‘sa./
_ Chief Iilstice
2g~ ~.aW»]UDGE
V
‘I:f1(i<'<'X:" Yes'/No ' ..
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