Disposed

M/S Kmc Jmc (Jv) Pvt. Ltd. v. State of Karnataka

Karnataka HC16 Jul 2019WP/16574/2017

Case brief

AI extract

What is this about?

A preliminary hearing order disposing a writ petition seeking quashing of withdrawal and revision orders. The court directed the petitioner to appear, a fresh show-cause notice to be served, and subsequent hearing to be held upon the filed reply.

What did the court decide?

Petitioner directed to appear on 26th July 2019; Deputy Director to serve fresh show-cause notice and pass orders after hearing reply.

M/S Kmc Jmc (Jv) Pvt. Ltd. Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JULY 2019

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PRESENT

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THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR. JUSTICE H.T. NARENDRA PRASAD

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WRIT PETITION NO.16574 OF 2017(GM-MM-S)

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BETWEEN

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M/s KMC-JMC (JV) Pvt. Ltd., Corporate House No.1-80/40/SP/58/65 Shilpa Homes Layout Gachibowli, Hyderabad-500032. Rep. by Authorized Signatory Mr.A.Madan Mohan. ... Petitioner

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(By Sri.A.S.Ponnanna, Senior Counsel for Smt. Mamatha Roy, Advocate)

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AND

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State of Karnataka

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Rep. by Principal Secretary Dept. of Commerce and Industries Vikasa Soudha Bengaluru-560 001.

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The Director of Mines & Geology Govt. of Karnataka Khanija Bhavan Race Course Road Bengaluru-560 001.

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The Competent Authority And Deputy Director Dept., of Mines & Geology No.2652/2667, Railway Station Road Gandhinagar, Tumkuru-572102.

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Executive Engineer and Highway Administration N.H.Division, Dep. of Public Works

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(National Highways)

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P.W.D. Compound, Tumkuru-572102.

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The Joint Director Department of Mines and Geology South Circle, Mysuru-570 001. ... Respondents

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(By Sri.V.G.Bhanu Prakash, AGA)

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This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated: 01.02.2016 passed by the respondent-3 vide Annexure-A and also the order dated 28.12.2016 passed by the respondent-5 in revision petition No.354/2016 vide Annexure-B and etc.

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This writ petition, coming on for preliminary hearing, this day, Chief Justice made the following:

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ORDER

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Along with the memo of today’s date, the learned

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Additional Government Advocate places on record, a copy of

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the order dated 15^th July 2019, by which, the order dated 1^st

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February 2016 (Annexure-A) has been withdrawn and the

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petitioner has been called upon to remain present in the office of the Deputy Director, Department of Mines and Geology, on 26^th July 2019.

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The said order dated 1^st February 2016 has been confirmed by order dated 28^th December 2016 passed by the revisional authority. As the order dated 1^st February 2016 has been withdrawn, the order of the revisional authority will become inoperative.

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The learned Additional Government Advocate, on instructions, states that, on 26^th July 2019, a show-cause notice will be served to the petitioner and after granting an opportunity to the petitioner to file a reply, appropriate orders will be passed in accordance with law.

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Hence, we dispose of the petition by passing the following order:

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(i) As the order dated 1^st February 2019 (Annexure-A) has been withdrawn, the order dated 28^th December

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2016 (Annexure-B) has become inoperative;

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(ii) We direct the petitioner to appear before the Deputy Director, Mines and Geology, on 26^th July 2019 at 11.00 a.m. On that day, a fresh show-cause notice shall be served to the petitioner;

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(iii) After granting reasonable opportunity to file a reply to the show-cause notice and after giving an opportunity of being heard to the petitioner, appropriate orders shall be passed on the show-cause notice, as expeditiously as possible.

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The petition is disposed of with the above directions.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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Cm/-

M/S Kmc Jmc (Jv) Pvt. Ltd. v. State of Karnataka

Case brief

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M/S Kmc Jmc (Jv) Pvt. Ltd. v. State of Karnataka

Case brief

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