Siddaratha Stone Crushing Industry Vs State of Karnataka

INDUSRTY, BHATKAL BANGARAMAKKI, UTTARAKANADA - 581 354. REP. BY ITS PROPRIETOR SRI SUNIL B. NAYAK S/O BILIYA KUPPA NAYAKA AGED ABOUT 45 YEARS OCC.: AGRICULTURIST R/O. SHIRALI, BHATKALA TALUK UTT KANNADA - 581 354. (EX-MLA) BHATKAL.

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…PETITIONER

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(BY SRI SATISH M. DODDAMANI, SENIOR ADVOCATE FOR SRI CHETAN JADHAV, ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF INDUSTRY AND COMMERCE M.S. BUILDING BENGALURU - 560 001.

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NC: 2025:KHC:27183-DB WP No. 17591 of 2025

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HC-KAR

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THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KHANIJ BHAVAN BENGALURU - 560 001.

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THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY UTTARA KANNADA DISTRICT KARWAR.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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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 QUASHING THE IMPUGNED NOTICE DATED 20/05/2025 BEARING NO.Gha Bhoo Ee/OO Ka Jee/Notice/2025-26/395 MARKED AS ANNEXURE-C & ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE)

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Issue notice.

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Smt. Niloufer Akbar, learned Additional Government Advocate accepts notice for the respondents.

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NC: 2025:KHC:27183-DB WP No. 17591 of 2025

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HC-KAR

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The petitioner has filed the present petition, impugning a notice dated 20.05.2025, inter alia, praying as under:

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"i) Issue a writ of certiorari quashing the Impugned Notice dated 20-05-2025 bearing No. Gha Bhoo Ee/OO Ka Jee/Notice/2025-26/395, in the interest of justice and equity, marked as Annexure - C.

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ii) Issue appropriate direction, directing the 3^rd Respondent to consider the reply vide Annexure-D and pass appropriate orders dropping the proceedings initiated in case No. Gha Bhoo Ee/OO Ka Jee/Notice/2025-26/395 dated 20/5/2025, in the interest of justice and equity, Annexure-C.

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iii) Pass any appropriate order or direction deems fit under the facts and circumstances of the case, in the interest of justice and equity."

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The learned counsel appearing for the petitioner submits that the show cause notice dated 20.05.2025 was issued by the Senior Geologist, Department of Mines and Geology, Uttara Kannada District, Karwar calling upon the petitioner to submit a written explanation about operating a stone quarry after expiry of the lease within a period of seven days from the receipt of the said notice. The concerned officer had also cautioned the petitioner that action will be taken as per Rules.

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4 - NC: 2025:KHC:27183-DB WP No. 17591 of 2025

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HC-KAR

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The petitioner states that prior to the issuance of the notice, a complaint has been filed under Section 200 of the Code of Criminal Procedure, 1973, which is pending before the concerned Court. Cognizance of the offence was taken, but on a petition preferred by the petitioner, the matter has been remanded to the concerned Court, to consider afresh.

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He submits that insofar as the show cause notice is concerned, the petitioner's limited relief is that the petitioner's reply be considered and an appropriate order shall be passed.

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Learned Additional Government Advocate submits that she has no instructions whether an order has already been passed or not. However, she does not have any objection if the present petition is disposed of by directing the concerned Senior Geologist to pass an appropriate order, if not already passed.

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In view of the above, we consider it apposite to dispose of the petition by directing the Senior Geologist to consider the petitioner's response to the notice dated 20.05.2025 and pass such orders as deemed fit, if not already passed, in accordance with law.

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