1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 23% DAY OF SEPTEMBER 2010 PRESENT " THE HONBLE MR.J.S.KHEHAR, CHIEF JUSTIC-Eff.' AND 1. __ , THE HONBLE MRJUSTICE A.S.BQPAu_:NV1\[A*~./,::' _ WRIT PETITION NO. 27765'/20' 1'0'_(C}M--,P/IC1D\7IS'3_ BEIWEEN: I. M /S. SATHYA GRANITES.' A PROPRIETORSHIP cON_(_:_ERI\I - V. HAVING ITS OFFICE AT PK?' PLO'1"- NANDIHALLI, SANDIQR TALUK, j I 'I BELLARY DISTRICT * ¥§.N4£ai1'JD,Ai%Y1%;:' AND 1. STATE' '" REPRESEVNTED BY ITS SECRETARY TO .THE DEPARTMENT OF INDUSTRIES & COMMERCE ~ -i(SS'I* TEX'IILES___AND MINES} - wKAS'AA SOUDHA, ' ~ _ BANGALORE~560001 "'"--..VTI"IED"E--IRE(jTOR ' DEI?ARiTI\/IENT OF MINES AND GEOLOGY " NO,49;'KHANIJA BHAVAN. RACE COURSE ROAD. I S._ 4_ BANGALORE- 560001 D" "THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY HOSPET, BELLARY DISTRICT THE DEPUTY CONSERVATOR OF FORESTS BELLARY DISTRICT BELLARY ... RESPONDENTS
[By Sri RG. KOLLE. AGA FOR RESPONDENTS}
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
8: 227 OF THE CONSTITUTION OF INDIA PRAYING To CALL
FOR THE RECORDS FROM THE RESPONDENTS WHICH
‘GLTIMATELY RESULTED IN PASSING THE ORDERS VOTI)
13.8.10 VIDE ANEX–A TO THE EXTENT OF CLAUSE
WHICH RESTRICTS THE GRANT OF’ PERMISSIQN.__j’1foR.
ESTABLISHING STOCK YARD FOR RROCESSINKT UNVIT’AN’_I’:_>
CONSEQUENTIAL CIRCULAR 13.8.10 VIBE–~ANNEX–A TO».
THE EXTENT OF’ CLAUSE NO. VIjWH’iCIjI’i2ES’1’RIC’IfS=5i’H0E
GRANT OF PERMISSION FOR EST;{xBL._I’SH’ING. STOC’I:[j¥_ARS
FOR PROCESSING UNIT ANS CONSEQUENTIA;’CIRC
DTD 13.8.10 ISSUED BY TP€E”~R2 VIBE ANEX-8;_’ANp.»THE-.. ‘
NOTICE DATED 25.8.10 PASSEIISY THE.R:3 TERMINATING
THE STOCKYARD P_ERMISSION__ _,TO THE
PETITIONER ANNEX–C .__
THIS WRI*’I”~.;J§%lETI’TION C:OMI:NG’ON..TFOR PRELIMINARY
HEARING _.TTIIS%’:.V_,_;)A*II.,; CIIIF3f<ifvJUS'I'ICE MADE THE
POLI.ow1NG:,:
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the of an application preferred by the
»pVeti.tion:ery, was permitted to establish a Stock yard for
minerals. During the subsistence of the
aforesaid hliherty granted to the petitioner, the State
2..j’jV»(§}oVernri3.ent passed an order dated 13.8.2010
‘ restricting the grant of permission for the Stock yard
I only to the mine owners and those who have processing
plants. A circular dated 13.8.2010 was accordingiy
issued by the Director, Department of Mines and
If
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Geology requiring the implementation of the order dated
13.8.2010.
2. Based on the order dated
the State Government. as also. __the dated if
13.8.2010 passed by the Director,
and Geology; the DeputyV__fiD.irector:_ (Mpin.es’},._:””H~ospet,Vi’
passed an order dated 25.pA€-.’-._.»:V?;(“;ipv1_(J”canceling stock
yard permission I Through the
instant writ assailed the
cancellation” The solitary
tfhevlearned counsel for the
petitiov)’f;.er”i’s,’ order dated 25.8.2010
adverselyffftaffectst the..vciizii rights of the petitioner. It is
accoi«*dirigly sutimi-t.ted, that the aforesaid order could
=hav.e* passed by respondent no.3 without
foiiotvhvfingf fules of natural justice. In this behalf it is
‘gsubmitted. that no notice whatsoever was issued to the
ffpetitioner informing him the basis for canceling the
stbckyard 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.
3″ time
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3. Mr. learned Government Advocate,
Kolle,
appearing on behalf of the respondents does not dispute
the factual position noticed herein above}
accordingly states that the impugned
25.8.2010 be treated as a sho’w~–cau–se
liberty to the petitioner to respond tlhells’a.rrieu
period of two weeks from on’
receipt of the reply by the the competent
authority would pass an .order7in a.ceoi=da’r1ce with law.
4. In ‘made by the learned
counsel l–forTtlfle:re3spondents;’wire”;hereby direct that the
impugned shall be treated only
as a showfiaiise~_noticeu7issued by the Deputy Director
to the” petitioner. The petitioner shall have
to the same within two weeks from
the respondent shall be free to pass
— ‘ ,_appropriate orders thereon.
5. Since the impugned order dated 25.8.2010 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 shall abide by the same.
The instant writ petition is dispose_d§V.:AH(§f ‘
aforesaid terms.
W
Chieilusfice
akc 1 s
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