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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
Dated this the 19"! day of October 2010
PRESENT
THE HONBLE MR.J.S.KHEHAR. CHIEF Jt.is*ric'C_r:j~ ~
AND -
THE HONBLE MR.JUsT1ci«: A.S.BOP;'fl\:'i'}\I15;"w. - _
W.P NO. 32828/201:0 ((3:i\'/{~13/I1'./_1S}'_'* " 'V,
BETWEEN :
1. M/s. Kavitha Minerals ' *~
A Proprletorship Concern '
Rep by its Proprietor
Sr1.M V Subbarao _ _ ~ _
S / O.Veeraraghaveii--:-rh, Ageéfi, 67 'Years _
No.22 / 1329, ChennaVeeré1VKrupaV __
J P Nagar I=I--ospet,"' -- " I .y "
Beiiary
V I Petitioner
(By Sri L M
AND ' '
1. State Of' Kar11_z1'ta:k'av it
Rep by"=its Secreta=.ry"to the
4;Departn1entVof Industries and Commerce
' '~(S;-SI Textiles A135; Mines} Vikasa Soudha
Bangalore 550 001
A 2. Ti'1e:"Director
. "'vtDepar'tment of Mines and Geology
No.49_, Khanija Bhavan
'Race Course Road.
Bangalore 560 001
Hifhe Deputy Director (Mines)
"Department of Mines And Geologr
Hospet,
Bellary District
4. The Deputy Commissioner
Bellary District
Bellary
Respondents
[By Sri R.G. Kolle. AGA}
\
mm—J
Q’–nu-4-my—an
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This W.P is filed under Articles 226 8: 227 of the
Constitution of India praying to Cail for the records form the
respondents which ultimately resulted in passing theorders
dated 13.8.2010 Vide Annexure–A to the exte’nt:’f”Wi’2.ich
restricts the grant of permission for establishing
for processing unit and consequential c.ircu1ariv..”dated
13.8.2010 issued by the respondent–2 vide~An_n’exure–«B and
the notice dated 16.8.2010 passe’d—by t.he_..resp_ond’ent;3.
terminating the stockyard permission: Agrainted’ “*;’he
petitioner Vide AnneXure–C and etc.;__
This W.P coming on for«v..:?reiiminaryV dayt
Chief Justice made the following.
J.S.KHEHAR,Q.J.(Qra1):–: 0
On preferred by the
petitioner: establish a stockyard for
storing _ During the subsistence of the
aforesaid~..p1ibertyA: to the petitioner, the State
Goyernrnent an order dated 13.8.2010
grant of permission for the stookyard
owners and those who have processing
in -V plants’i!A”.”circu1ar dated 13.8.2010 was accordingly
in the Director, Department of Mines and
‘ requiring the implementation of the order dated
” “1”3.8.201o.
2. Based on the order dated 13.8.2010 passed by
the State Government, as also, the Circular dated
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13.8.2010 passed by the Director, Department of Mines
and Geology; the Deputy Director (Mines), Hospet,
passed an order dated 16.8.2010 canceling the
stockyard permission granted to the
Through the instant Writ petition, the
assailed the cancellation order: dated
solitary contention advanced
the petitioner is that ‘dated’
16.8.2010 adversely ,_affect’s ‘~.nti1e””s.civi1é’0rights of the
petitioner. It is accordingly the aforesaid
order could§.v1″1’otV:g1have passedtiyirespondent no.3
without justice. In this
behalf no notice whatsoever was
iss1_§1pe’dr.to the upetiti-oner informing him the basis for
stockyard permission. It is further
~pointed”xIout’ii;;.that no opportunity was afforded to the
petitioner’ to respond to any such determination at the
». Ahanudsviof the respondents.
3. Mr. Kolle, learned Government Advocate,
1% 2 appearing on behaif of the respondents does not dispute
the factual position noticed herein above. He
accordingly states that the impugned order dated
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16.8.2010 be treated as a show cause notice, with
liberty to the petitioner to respond to the same within a
period of two weeks from today. It is asserted that on
receipt of the reply filed by the petitioner, the competent
authority would pass an order in accordance ~
4. In View of the stateme_nt..rnade-by”V’
counsel for the respondents, wephe_re~by
impugned order dated shall’ only
as a show cause notice Deputy: Director
(Mines), to the petitioner.”jipetiticner shall have
liberty to respond ltwo weeks from
today. shall be free to pass
appro_priate~ orders thereof.
E};.:Since the”‘impugned order dated 16.8.2010 is to
be, show cause notice (in terms of the
made at the hands of the learned counsel
for therespondents) the petitioner may continue to use
-,,tl1e.’land in question as a stockyard till a final order is
0% passed by the competent authority. After the final order
is passed, the petitioner shall abide by the same.
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The instant writ petition is disposed of in the
aforesaid terms.
mv* ‘[5 -f:,;
Index.:_Y/N