Disposed

M/S Professional Global Constructions Private Limited v. the State of Karnataka

Karnataka HC4 Jun 2021WP/422/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging recovery notices by directing the respondents to issue a fresh show-cause notice to the petitioner within one month, allowing a one-month reply period, and directing an appropriate order within four months after affording an opportunity of hearing. Recovery is barred on the basis of prior notices.

What did the court decide?

Direction to respondents to serve a fresh show cause notice; order stayed recovery on basis of notices in annexures A to G.

M/S Professional Global Constructions Private… — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JUNE, 2021 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 SURAJ GOVINDARAJ

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WRIT PETITION NO.422 OF 2021 (GM-MM-S)

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BETWEEN :

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M/S. PROFESSIONAL GLOBAL CONSTRUCTIONS PRIVATE LIMITED OFFICE AT. NO.165, GROUND FLOOR NALLUR MAIN ROAD CHANNAGIRI TALUK DAVANAGERE DISTRICT REP. BY ITS DIRECTOR SRI. HANUMATHAPPA.

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...PETITIONER

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(BY SHRI GANAPATI BHAT VAJRALLI, ADVOCATE)

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AND

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THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B.R AMBEDKAR VIDHI BENGALURU - 560001.

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THE PRINCIPAL SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA DR. B.R AMBEDKAR VIDHI BENGALURU - 560001.

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THE DIRECTOR DEPARTMENT OF MINES OF GEOLOGY KANIJA BHAVAN BENGALURU - 560001.

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY NO.1948/1, INFRONT OF ANJANEYA TEMPLE VIDHYA NAGAR DAVANAGERE - 577006.

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THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE - 577006.

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…RESPONDENTS

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(BY SHRI S.S MAHENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY APPROPRIATE ORDER QUASHING THE IMPUGNED NOTICE DATED 27.05.2017, BEARING SL.NO.HI.BHU.VI/DAVANAGERE/KAGAGU/BHU.KAM. VA.PA/2017-18/1164-1168, ISSUED BY THE 4^TH RESPONDENT, AS PER ANNEXURE-G, IN THE INTEREST OF JUSTICE AND ETC.,

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

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ORDER

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In view of the observations made in the order dated 8^th April 2021, the learned Additional Government Advocate on instructions states that the State Government is willing to

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initiate a fresh proceeding for recovery, after following the principles of natural justice.

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In view of this submission, we pass the following

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order:

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(i) We direct the concerned respondents to serve a proper show cause notice to the petitioner within a period of one month from today;

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(ii) Time of one month is granted to the petitioner to file a reply from the date of service of notice;

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(iii) An appropriate order shall be passed by the concerned Authority after giving an opportunity of being heard to the petitioner within a period of four months from today;

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(iv) Needless to add that in view of the above directions, recovery shall not be made on the basis of the notices at Annexures-A to G to this petition;

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(v) We make it clear that we have made no adjudication on the merits of the controversy;

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(vi) Accordingly, the petition is disposed of on

the above terms.

Sd/CHIEF JUSTICE

Sd/JUDGE

M/S Professional Global Constructions Private Limited v. the State of Karnataka

Case brief

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M/S Professional Global Constructions Private Limited v. the State of Karnataka

Case brief

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