I
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE ZSRD DAY OF SEPTEMBER 2010
PRESENT
THE HON'BLE MR.J.S.KHEHAR, CHIEF JUSTICE",
THE HONBLE MRJUSTICE A.S.BOPA}iNA" .
WRIT PETITION NO. 28592/2010 {OI.aA,1'yIwMS}.::: _ "
BETWEEN: ' " *
I. M/S CONTINENT IMPEX PVT TD v =
A COMPANY REOISTERED__UND'ER"THE "
COMPANIES ACT R/BY ITSDIREC-TOR-- C " _ ,
SR1 MAHINDER JAIN S/O SR1 I>_HUKRA_II JAIN}
A/A 39 YEARS, 1ST FLOOR. '
CO--OP'IEX BUILD.I_N'G , OANDRI
HOSPE'T--583 201, SELLAR: DISTR:ICT--.
V ;_ ,, ; .. PETITIONER
{By Sri L MjCHIDANANDB-YYA}-.. I I
1. STATE OE_...KARNATAI:A _ _--
REPRESENTED BY" SECRETARY To THE
DEPARTMENT-..OI%' 'INDUSTRIES AND
COM1v1_E'RCE {SSL "TE:<'IILES AND MINES}
_VIKASAA._SOUDH'A, }3ANGALORE~560001
" . 2, D~IRECTO'R"' 'V
_ DEPARTMENT OF MINES AND GEOLOGY
V _ NO-ASV, KI_{ANIJA BHAVAN
._ " ._RACE3_~CO;IJRSE ROAD
' I3AN.GAI_..ORE--560O0I
A I 3. 'I'f~fIE:. DEPUTY DIRECTOR
A DEPARTMENT OF MINES AND GEOLOGY
VIIOSPET, BELLARY DISTRICT
4]; THE DEPUTY COMMISSIONER
BELLARY DISTRICT, BELLARY
5. THE DEPUTY CONSERVATOR OF FORESTS
BELLARY DISTRICT, BELLARY
... RESPOND ENTS
[By Sri R.G. KOLLE, AGA FOR RESPONDENTS}
Gn-m…o.
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF’ INDIA PRAYING TO CALL
FOR THE RECORDS FROM THE RESPONDENTS WHICH
ULTIMATELY RESULTED IN PASSING THE ORDERSDATED
13.08.2010 TO THE EXTENT OF CLAUSE NO. VI
RESTRICTS THE GRANT OF PERMISSION “- — ‘FOR
ESTABLISHING STOCK YARD FOR PROCESSINfC}”‘UN’IT _
CONSEQUENTIAL CIRCULAR 13.08.2010 ANDEDEXUREI-A TO *
THE EXTENT OF CLAUSE NO. VI WHICH THE». P
GRANT OF PERMISSION FOR ESTAE;.ISHI’NG, STQCKYART)
FOR PROCESSING UNIT AND CONSEQpUlE,N1’lAL’–.CIRCULAI?.
DATED 13.08.2010 ISSUED BY THE :2ND’~.RESPoND«EN:E
BEARING NO. GAEI-IOOEEA,/_STocKYARD/2041105I1
ANNEXURE B AND THE’ N”®TICE'” DATED “‘I1_7’;’08J2O10″‘
PASSED BY THE 3RD RESPONDENT ‘l’E_RlvI~INAT1NG THE
STOCKYARD PERMISSION GRANTEDVTO THE..PE”PITToNER
ANNEXURE c AND E’1.*e;~,.__ ” ‘ , V
THIS WRIT PETITION PRELIMINARY
HEARING THIS V DAN:”‘~cP1IEE_”-.__JUsTIr3E MADE THE
FOLLOWING : ‘I
…’..__.
:
the application preferred by the
_ petifjiolner, hemwasvvpermitted to establish a stock yard for
minerals. During the subsistence of the
granted to the petitioner, the State
passed an order dated 13.8.2010
P..jjv:reSt:PictiI*1g the grant of permission for the stock yard
‘ oniylto 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
Geology requiring the implementation of the order dated
13.8.2010.
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2. Based on the order dated 13.8.2010 passed by
the State Government. as also, the circular V-‘dated
13.8.2010 passed by the Director, Department
and Geoiogy; the Deputy Director V
passed an order dated 17.8.2C-Zitti
yard permission granted tothe petitioner.ffhrongii. thefl
instant writ petition, the petitioner jhassailed the
cancellation order solitary
contention advanced for the
petitioner hp d ated 17.8.20 10
adversely the petitioner. It is
accordingly the aforesaid order could
not havehijeenywt by respondent no.3 without
folitoyring the ‘natural justice. In this behalf it is
I siwihmittced no notice whatsoever was issued to the
p’et_itione;~’dfirwforming him the basis for canceling the
‘<._stockyar1d permission. It is further pointed out that no
"_opp"o"f.'tunity was afforded to the petitioner to respond to
any such determination at the hands of the
respondents.
3. Mr. Koile, learned Government Advocate,
appearing on behalf of the respondents does not dispute
U”
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the factual position noticed herein above. He
accordingiy states that the impugned order dated
17.8.2010 be treated as a show cause noti.ce.Qfiyith
liberty to the petitioner to respond to the same *
period of two weeks from today. ~~It..is on Rt! .
receipt of the reply filed by the pletitioner, _
authority would pass an ordefin accordarice xi’?-jth’iaW.
4. In View of state_r_I_ien_t ‘rnnadet learned
counsel for the resporidentsl,_VVi§y{i direct that the
impugned order’ dated’ treated only
as a shovq. Deputy Director
I
(Mines) ——– –toTthe:t’peitiL’io1ier.tt petitioner shall have
liberty to’ to same within two weeks from
today, 3\yhereup’on.¢…the respondent shall be free to pass
ti’ pl appropriattevoirders thereon.
‘Since the impugned order dated 17.8.2010 is to
“The 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
passed by the competent authority. After the final order
is passed, the petitioner shall abide by the same.
The instant writ petition is disposed of 11:1 the
aforesaid terms.
x3″dga }
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