Acting Chief Justice quashed quarrying lease cancellation orders passed without issuing a show cause notice or granting a personal hearing, relying on W.P. No.1626/2020.
The impugned order dated 17.12.2019 is quashed and the petition is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2021
PRESENT
THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.5296/2020 (GM-MM/S)
BETWEEN
AGED 45 YEARS
KUBATAHALLI HUMCHA POST
HOSANAGARA TALUK
SHIVAMOGGA DISTRICT – 577 436
AGED 50 YEARS
UDUKERE, KONANDURU POST,
SHIVAMOGGA DISTRICT – 577 418
... PETITIONERS
(BY SRI.SHIVA KUMAR K.B., ADV.)
AND:
BENGALURU -560 001
2
... RESPONDENTS
(BY SRI S.S.MAHENDRA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE QUARRYING LEASED CANCELLATION ORDER DTD 17.12.2019 PRODUCED AT ANNEXURE-A PASSED BY THE R-4 AND QUARRYING LEAVE CANCELLATION ORDER DATED 17.12.2019 PRODUCED AT ANNEXURE-B PASSED BY THE RESPONDENT-4 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
The petitioners before this Court have filed the present
petition being aggrieved by the lease cancellation order dated 17.12.2019 which was granted in their favour for a period of 20 years w.e.f. 06.02.2019.
3
ORDER
"Heard the learned Counsel appearing for the petitioner.
4
Rules was served and that personal hearing was given to the petitioner. In fact, the impugned order does not refer to any such notice and the fact that personal hearing was given. Therefore, the impugned order is passed without following the mandatory procedure laid down under sub-rule (3) of Rule 6 of the said Rules and only on that ground, the same deserves to be quashed and set aside.
ORDER
The impugned order dated 17th December 2019 (Annexure-A) is hereby set aside. Petition is disposed of on the above terms."
5
disposed of. The judgment delivered in the case of
K.G.Shivakumara shall be applicable mutatis mutandis in the present case also.
SD/ACTING CHIEF JUSTICE
SD/-
JUDGE
TL
2 issues framed by the court
Whether the order cancelling the quarrying lease passed without issuing a show cause notice or granting a personal hearing violates Rule 6 sub-rule (3).
Whether the writ petition should be disposed of in light of the decision in the case of K.G.Shivakumara.
Colour shows how this judgement treated each authority
K.G.ShivakumaraRelied on¶52
WP No.1626/2020
2 provisions across 2 enactments
K.C.LOKESHA S/O CHANNAKESHAVA
U.H.SHANKARAPPA S/O U.H.HOOVAPPA
STATE OF KARNATAKA
THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY
SATISH CHANDRA SHARMA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SATISH CHANDRA SHARMA and SACHIN SHANKAR MAGADUM
Parties & counsel
