Disposed

Shrinivas Prasad Stone Crushers v. the Commissioner of Mines and Geology

Karnataka HC6 Jan 2021WP/12110/2020

Case brief

AI extract

What is this about?

Writ petition filed to quash demand notices issued by mining authorities. High Court treated notices as show-cause notices, allowed one-month reply period, and directed authorities to decide within three months after granting hearing opportunity, subjecting claims to competent authority's final order.

What did the court decide?

Demand notices treated as show-cause notices; reply period fixed for one month; competence authority directed to pass orders within three months after hearing petitioner; demands stayed pending such o

Shrinivas Prasad Stone Crushers Vs the… — Public Procurement and Tenders | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JANUARY, 2021

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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 SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.12110 OF 2020 (GM-MM-S)

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BETWEEN:

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SHRINIVAS PRASAD STONE CRUSHERS S.P.GARDEN, GURUNAGARA MOODARU VILLAGE POST: BAJAGOLI KARKALA TALUK BY ITS PROPRIETOR SRI RAVINDRA SHETTY

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... PETITIONER

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(BY SHRI CHANDRANATH ARIGA K, ADVOCATE)

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AND:

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THE COMMISSIONER OF MINES & GEOLOGY KHANIJA BHAVANA

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RACE COURSE ROAD

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BENGALURU – 560 001

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THE DEPUTY DIRECTOR

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MINES & GEOLOGY DEPARTMENT 1^ST FLOOR, JUGUL TOWERS

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MALLIKATTA

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MANGALURU – 575 001

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D.K.

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... RESPONDENTS

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(BY SHRI THARANATH POOJARY, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE DEMAND NOTICES DATED NIL AT ANNEXURES-E, F, G AND H AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the petitioner. Issue notice to the respondents. The learned Additional Government Advocate waives notice. The matter is forthwith taken up for final disposal.

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It is not in dispute that the issue is covered by the decision of this Court dated 21^st October, 2020 passed in Writ Petition No.11764 of 2020. In view of the order passed in the said writ petition, we dispose of the petition by passing the following order:

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(i) The demand notices at Annexures-E, F, G and H shall be treated as show-cause notices;

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(ii) It will be open for the petitioners to file a reply to the show-cause notices within a period of one month from today;

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(iii) Appropriate Competent Authority shall pass appropriate orders on the show-cause notices after giving an opportunity of being heard to the petitioner. The orders shall be passed within a period of three months from today;

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(iv) Needless to add that the demands made in the impugned notices shall not be acted upon till appropriate orders are passed as aforesaid.

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(v) All the contentions are left open to be decided by the Competent Authority;

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(vi) The writ petition is disposed of on the above terms.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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AHB

Shrinivas Prasad Stone Crushers v. the Commissioner of Mines and Geology

Case brief

What is this about?

What did the court decide?

Shrinivas Prasad Stone Crushers v. the Commissioner of Mines and Geology

Case brief

What is this about?

What did the court decide?

What the court decided

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