Sri. Abdul Haffeez Vs State of Karnataka

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 SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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 No. GaBhuE/UNiKa/SaaMa/2025-26/160 DATED 23.04.2025 PASSED BY THE DEPUTY DIRECTOR, DEPT. OF MINES AND GEOLOGY, THE SECOND RESPONDENT HEREIN (ANNEXURE-D), NOTICE/ORDER BEARING No. GaBhuE/UNiKa/SaaMa/2025-26/27 DATED 02.05.2025 PASSED BY THE DEPUTY DIRECTOR, DEPT. OF MINES AND GEOLOGY, THE SECOND RESPONDENT HEREIN (ANNEXURE-G) THE NOTICE/ORDER BEARING No. GaBhuE/UNiKa/SaaMa/2025-26/162 DATED 23.04.2025 PASSED BY THE DEPUTY DIRECTOR, DEPT OF MINES AND GEOLOGY, THE SECOND RESPONDENT HEREIN (ANNEXURE-J), NOTICE/ORDER BEARING No. GaBhuE/UNiKa/SaaMa/202526/231 DATED 02.05.2025 PASSED BY THE DEPUTY DIRECTOR, DEPT. OF MINES AND GEOLOGY, THE SECOND RESPONDENT HEREIN (ANNEXURE-L) AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, 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. POONACHA

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NC: 2026:KHC:3256-DB WP No. 14983 of 2025

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HC-KAR

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ORAL ORDER

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

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The petitioners have filed the present petition inter alia praying as under:

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i) Issue a Writ of Certiorari or any other writ, order or direction, quashing the Notice/Order bearing No.GaBhuE/UNiKa/SaaMa/2025-26/160 dated 23.04.2025 passed by the Deputy Director, Dept. of Mines & Geolory, the second respondent herein (Annexure-D); Notice/Order bearing No.GaBhuE/UNiKa/SaaMa/2025-26/227 dated 02.05.2025 passed by the Deputy Director, Dept. of Mines and Geology, the second respondent herein (Annexure-G); the Notice/Order bearing No.GaBhuE/UNiKa/SaaMa/2025-26/162 dated 23.04.2025 passed by the Deputy Director, Dept. of Mines and Geology, the second respondent herein (Annexure-J); Notice/Order bearing No.GaBhuE/UNiKa/SaaMa/2025-26/231 dated 02.05.2025 passed by the Deputy Director, Dept. of Mines and Geology, the second respondent herein (Annexure-L).

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ii) Grant such other and further reliefs including the cost of this petition in the interest of justice and equity.

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The first petitioner impugns the notices issued by respondent

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No.2 alleging unauthorized mining outside the sand license area falling in Sy.Nos.19/4, 19/5, 19/8, 19/9, 19/10 and 20/14

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4 - NC: 2026:KHC:3256-DB WP No. 14983 of 2025

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HC-KAR

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(aggregating 12-12 acre-gunta) of Bhagoji Village, Chittapur Taluk. Similar notices have been issued to petitioner No.2 in respect of areas falling in Sy.Nos.20/2, 35, 21/1, 21/2 and 24/1 (to the extent of 10 acres 30 guntas) of Bhagoji Village, Chittapur Taluk, which are also impugned. In terms of the said notices, fine has been imposed in exercise of powers under Rule 44(4) of the Karnataka Minor Mineral Concession Rules, 1994.

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It is the petitioners case that the said fine has been imposed without issuing any notice; without providing any basis for the computation of the fine; and without affording any opportunity to be heard.

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Learned Additional Government Advocate on instructions states that the notices/order impugned in the present petition be considered as a show cause notice and the petitioners may be given an opportunity to respond to the same.

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In view of the same, we consider it apposite to permit the petitioners to file their response to the said notices within a period of two weeks from date. The concerned authority shall consider the same and pass an appropriate order after affording the

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NC: 2026:KHC:3256-DB WP No. 14983 of 2025

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HC-KAR

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petitioners an opportunity of being heard. In the meanwhile, respondent No.2 shall also furnish any material and documents which are relied upon by the respondents for raising the said demand.

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The petition is disposed of with the aforesaid observations.

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Pending IAs., if any, stand disposed of.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(C.M. POONACHA) JUDGE

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ND List No.: 1 Sl No.: 15

Sri. Abdul Haffeez v. State of Karnataka

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Sri. Abdul Haffeez v. State of Karnataka

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