Petitioners challenged an order/notice for lack of show-cause notice. The court treated the dated order as a show-cause notice and granted four weeks to reply, disposing of the writ petitions.
The impugned order/notice treated as show cause notice; four weeks time granted for reply; writ petitions disposed.
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W.P.Nos.4916-4917/2012
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF JULY 2012
BEFORE
THE HON’BLE MR. JUSTICE H.G.RAMESH
Writ Petition Nos.4916-4917/2012 (APMC)
BETWEEN:
(BY SRI. P H VIRUPAKSHAIAH, ADVOCATE)
AND:
W.P.Nos.4916-4917/2012
HADADI ROAD DAVANAGERE – 577005
... RESPONDENTS
(BY SRI H.K.THIMMEGOWDA, ADVOCATE FOR R-2; SRI G.M.CHANDRASHEKAR, ADVOCATE FOR R-3; AGA FOR R1)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING DATED 8.2.2012 ISSUED BY THE 2ND RESPONDENT AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
H.G.RAMESH, J. (Oral):
These two writ petitions are directed against the
order/notice dated 08.02.2012 (Annexure-L) issued by respondent no.2.
for the petitioners is that no show cause notice was issued prior to issuance of the impugned order dated 08.02.2012.
order/notice may be treated as a show cause notice and the petitioners may be granted four weeks’ time to file their reply. Accordingly, I make the following order:
The impugned order/notice dated 08.02.2012 (Annexure-L) issued by respondent no.2 shall be treated as a show cause notice and the petitioners shall file their reply within four weeks from today. On such reply, respondent no.2 is at liberty to take action in accordance with law. The writ petitions stand disposed of accordingly.
In view of disposal of the writ petitions, I.A.I/2012 filed for vacating interim stay does not survive for consideration; it stands disposed of accordingly.
Petitions disposed of.
Sd/JUDGE
hkh.
1 issue framed by the court
Whether the impugned order/notice without prior show-cause may be treated as such and time granted for reply?
Mr B G Ajay Kumar and Ors
Director, Agricultural Produce Marketing Committee
Secretary, Agricultural Produce Marketing Committee
N G Puttaswamy
H.G. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
