Disposed

Sri Srimanth Jagadevappa Indi v. State of Karnataka

Karnataka HC13 Feb 2024WP/4022/2024

Case brief

AI extract

What is this about?

Writ petition against a penalty demand notice issued by the Mines and Geology Department over alleged illegal mining. The court held adjudication involving civil consequences requires a prior hearing, treated the notice as a show cause notice, allowed objections, and directed a fresh order after hearing within one month.

What did the court decide?

Annexure-G treated as show cause notice; petitioner may file objections within ten days; respondent No.2 to pass fresh order after hearing within one month.

Sri Srimanth Jagadevappa Indi Vs State of… — Mining and Natural Resources | Karnataka HC (2024)

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NC: 2024:KHC:6099-DB WP No. 4022 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2024

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PRESENT

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THE HON'BLE MR. P.S.DINESH KUMAR, CHIEF JUSTICE AND

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THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA WRIT PETITION NO. 4022 OF 2024 (GM-MM-S)

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BETWEEN:

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Digitally signed by ANUSHA V Location: High Court of Karnataka

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SRI SRIMANTH JAGADEVAPPA INDI S/O JAGADEVAPPA INDI, AGED ABOUT 62 YEARS, RESIDING AT HORTI VILLAGE, INDI TALUK, VIJAYAPURA DISTRICT - 586 117.

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(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR SRI RAJENDRA M.S., ADVOCATE)

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…PETITIONER

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AND:

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STATE OF KARNATAKA

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DEPARTMENT OF MINES AND GEOLOGY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY.

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DEPUTY DIRECTOR OFFICE OF DEPUTY DIRECTOR, DEPT. OF MINES AND GEOLOGY, KHANIJA BHAVAN, C.A. SITE NO. 01, SY NO. 76, ATAL BIHARI VAJPAYEE BADAWANE, KOTNOOR (D), KALABURGI - 585 102.

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…RESPONDENTS

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(BY SRI S.S. MAHENDRA, GOVERNMENT ADVOCATE)

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2 - NC: 2024:KHC:6099-DB WP No. 4022 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING THE NOTICE/ ORDER BEARING NoGaBhuE/UNiKa/AMaGa/2023-24/5052 DATED 12.01.2024 PASSED BY THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY, THE SECOND RESPONDENT HEREIN (ANNEXURE-G) & 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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This writ petition is filed seeking to issue a writ of certiorari to quash notice/order dated January 12, 2024 passed by Deputy Director, Department of Mines and Geology (Annexure-G).

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Heard Shri Udaya Holla, learned Senior Advocate for the petitioner and Shri S.S.Mahendra, learned Government Advocate for the respondents.

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The principal contention urged by learned Senior Advocate for the petitioner is that though Annexure-G is styled as notice, in substance, it is a demand notice to pay penalty.

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Shri S.S.Mahendra, learned Government Advocate submitted that Annexure-G is a notice and the petitioner can

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3 - NC: 2024:KHC:6099-DB WP No. 4022 of 2024

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file his objections. He submitted that mahazar was drawn, proceedings were initiated and thereafter, notice was issued. He further submitted that this is a case of illegal mining and the petitioner is liable to pay the amount demanded in the notice.

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Shri Udaya Holla, learned Senior Advocate for the petitioner submitted that copies of mahazaar and other documents relied upon by the respondents have not been furnished to the petitioner.

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Admittedly, Annexure-G is styled as notice. According to learned Government Advocate, there was an adjudication after seizure.

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In our considered view, adjudication cannot be done

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without hearing the citizens which results in civil consequence. In the circumstance, in our opinion, ends of justice would be met by treating Annexure-G as a show cause notice and reserving liberty to the petitioner to file objections to the same.

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Accordingly, Annexure-G is treated as show cause notice and the petitioner is permitted to file objections within ten days. Respondent No.2 - Deputy Director, Department of Mines and Geology shall pass a fresh order after hearing the

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NC: 2024:KHC:6099-DB WP No. 4022 of 2024

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petitioner, considering the objections filed by him, within a period of one month from the date of filing of the objections. Petitioner shall appear before respondent No.2 on 04.03.2024.

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Accordingly, writ petition is disposed of.

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In view of disposal of the petition, pending interlocutory applications, if any, do not survive for

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consideration and they stand disposed of.

No costs.

Sd/CHIEF JUSTICE

Sd/JUDGE

KPS List No.: 1 Sl No.: 58

Sri Srimanth Jagadevappa Indi v. State of Karnataka

Case brief

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What did the court decide?

Sri Srimanth Jagadevappa Indi v. State of Karnataka

Case brief

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