Sri. Mallikarjun Vs the State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION, QUASHING THE NOTICE DATED 08.02.2024, ISSUED IN No.GaBhuEe/HiBhuVi/Notice/2023-24/2522-2523 ISSUED BY THE RESPONDENT No.3 AS BEING ARBITRARY, ERRONEOUS AND CONTRARY TO LAW, EQUITY AND JUSTICE (ANNEXURE-F) AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

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Heard learned advocate Mr. Shivalli Shivayogi Yallappagouda for the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar for respondent No.1State and rest of the respondents who are the authorities of the State.

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By filing this writ petition under Article 226 of the Constitution, the petitioner has prayed to set aside the notice dated 08.02.2024 issued by respondent No.3 - The Senior Geologist, Department of Mines and Geology, Vijayapura. By way of the said notice, the petitioner is directed to deposit amount of fine to the extent of Rs.3,58,55,750/-.

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2.1 Another prayer is to set aside the notice / Form No.37 dated 22.10.2024 issued by respondent No.4 - The Tahsildar, which is

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consequential to the aforementioned notice dated 08.02.2024, in which it is stated that unless the fine amount is paid, the land shall be liable to be auctioned.

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Respondent No.3 has stated in his notice dated 08.02.2024 that the petitioner who is the owner of the land bearing Sy.No.23/1 admeasuring 7 Acres and 26 Guntas has been illegally carrying on the quarrying activities in the land bearing Sy.No.89/4. It was stated that joint inspection was conducted on 11.10.2022 by the Revenue and Survey Department and the report was submitted. It is further stated that the application was submitted by the petitioner for grant of quarrying licence in the said land.

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3.1 According to the said notice dated 08.02.2024, illegal quarrying operations were carried out in the said land bearing Sy. No.89/4 and quantity of 1,02,445 metric ton of ordinary building stone was excavated in violation of the Karnataka Minor Minerals Concession Rules, 1994 which render the petitioner liable to pay the aforesaid amount and penalty.

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Two submissions advanced by learned advocate for the petitioner assailing the aforesaid notice, were that the notice was issued without hearing the petitioner and that there was a evident breach of principles of natural justice. The second contention was that even of the demand of the aforesaid amount of Rs.3,58,55,750/- is raised towards penalty, there is no assessment or adjudication to arrive at the figure.

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4.1 Learned advocate for the petitioner further submitted that in Sri Parashuram and another vs. State of Karnataka and others which was Writ Petition No.32953 of 2024, the facts were similar and this Court issued necessary directions. He requested to dispose of the present petition on the same lines.

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4.2 When learned Additional Government Advocate was confronted with the query about whether hearing given to the petitioner before imposing penalty on him and also whether any assessment proceedings for adjudication of amount was undertaken, she was entirely at her receiving end and could also not dispute that the present case is similar and required to be similarly treated with Sri Parashuram ( Supra ).

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In the aforesaid view, the present petition is allowed by providing that the respondents shall stay their hands pursuant to the notice dated 08.02.2024 and that the said notice shall be treated as show cause notice. The petitioner shall be permitted to file reply to the said notice within two weeks raising its defense. It is further observed that the petitioner may request for any additional details from the authorities. If such request is made, respondent No.3 - The Senior Geologists shall provide such details forming the basis of the notice.

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5.1 The respondent authorities are at liberty to pass fresh orders after considering the representation of the petitioner and adjudicating its liability.

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5.2 In order to enable the competent authority to undertake the aforesaid exercise, the impugned notice dated 08.02.2024 and the consequential notice in Form No.37 are hereby quashed.

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