_ 5 _ respondent that the petitioner has agreed to sell the property in
favour of M/sjiarnataka Steels Suppliers, for Rs.8.50,000/~,
is without any basis and that the petitioner is not granted any
opportunity to show cause before the authorities that the-said
allegation is false.
5. Sri P.R.Ramesh, learned counsel appearifI1g:V’for’ltl’rcl_yli
respondent has filed his statement o’f'”o’bj-ecti.ons« along
certain documents. The document_s”~_produ’cedv. by
P.R.Ramesh, learned counsel, facie. . revevallxrthlat it the
petitioner has entered Viznto arr” agreement “or-A sale with
M/s.Kamataka Steels Suppliers, the property in
question, figjertain documents are also produced
along with the stateInc_nt’ oljjections.
ffljoiigh ‘the.r_e_covrds relied upon by respondent No.1
l’w_hil.e”com.ivngy ‘to”tl__1e conclusion prima facie reveal that the I
V petition-er violated the conditions of Lease–curn~Sale
Agreement regard to non–alienation in whatsoever
._:”:ria,niresr..,_ the said conclusion was not preceded by appropriate
.show cause notice. The show cause notice vide Annexure–‘N’
\-A
_ 6 _
requires the petitioner to show cause only with regard to one
aspect i.e., non–construction of the factory building and non-
starting of the factory within one year from the date of taking
possession of the property. The show cause notice do~:?§S”‘»not
advert to the second contention of the petitioner
agreed to sell the property in favour of _ it
Suppliers, Under such circumstances,” -Ru.d1’egovVda,”1
learned counsel appearing for the pvet_iti’oner
submitting that the petitioner not have to
defend himself on the said question’; lliaving regard to the
above, I am of the consideredooplinijon tha–t,’evint_erest of justice
will be met if”ti:é__, orderwdated 22.6.2009 itself is
treated as ashow Vnoti:c’e«issued to the petitioner. By the
said process, no prejudice. of injustice will be caused to any of
lithe pa’r–ti:esi.,”eV.OiiA.the other hand, the same will save the precious
tiinel; the following order is made :
divide Annexure–‘T’ dated 22.6.2009 shall be
Wlfjj»-fr__ead dovvlnand be treated as a show cause notice issued by
‘~–respor;dent No.1 to the petitioner. It is open for the petitioner
his statement of objections along with necessary records
M
_7_
within five weeks from this day. If the statement of objections
are filed by the petitioner, the respondent No.1 is directed to
consider the statement of objections to be filed by the petitioner
and pass orders thereon in accordance with iaw. ‘I’11e\Vfh~Qle
process should be completed by respondent No.1 _
months from the date of receipt of this order.
Writ petition is disposed of acco.rdingc1Ay1; 1 d V
*bk/’bsn