Karnataka High Court

WP/58612/2017 of M/S KOUSHIK ENTERPRISES Vs THE STATE OF KARNATAKA on 28 December 2017

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HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 PRESENT THE HON’BLE MRS.JUSTICE S.SUJATHA AND THE HON’BLE MRS.JUSTICE K.S.MUDAGAL WRIT PETITION No.58612/2017 (GM-MM-S) Between : 1. M/s.Koushik Enterprises, Kallodebore Kaval Village, Hallimysore Hobli,

IN THE HIGH COURT OF KARNATAKA AT BENGALURUDATED THIS THE 28[TH]DAY OF DECEMBER, 2017

PRESENT

THE HON’BLE MRS.JUSTICE S.SUJATHA

AND

THE HON’BLE MRS.JUSTICE K.S.MUDAGAL|WRIT PETITION No.58612/2017 (GM%Vi%S)

Between

1.M/s.Koushik Enterprises,

Kallodebore Kaval Village,

Hallimysore Hobh,Holenarasipura Taluk,Hassan District-5/3 128.Represented by its Proprietors;Holenarasipura Taluk,Hassan District-5/3 128.Represented by its Proprietors; ?)R.Somashekar,|

Late RajashekKar,Aged about 40 years,0[th]Block, Basappa Badavane,Kushalyanagar, Kodagu-o11 234.Aged about 40 years,0[th]Block, Basappa Badavane,Kushalyanagar, Kodagu-o11 234.

3.B.Ningaraju,»/o Basavegowda,|Aged about 44 years,R/at Bommanahalli Village,Hassan Taluk, Kattaya,Hassan District-5/73 128.»/o Basavegowda,|Aged about 44 years,R/at Bommanahalli Village,Hassan Taluk, Kattaya,Hassan District-5/73 128.

_. Petitioners

( By Sri M.V.Ramesh Jois, Advocate )

And

1.The State of Karnataka,By its Secretary,Department of Mines and Geology,By its Secretary,Department of Mines and Geology, No.49, Khania Bhavan South Block,ori D.Devaraj Urs Road,Race Course Road,Bangalore-560 OO1.ori D.Devaraj Urs Road,Race Course Road,Bangalore-560 OO1.

?)omt.Padmaja M.V.,senior Geologist,senior Geologist, Dept. of Mines and Geology,Kuvempunagar,Kuvempunagar, Hassan District-5/3 101..

3.Deputy Commissioner,Hassan District,Hassan District, Hassan — 573 101.

.. Respondents|

( By Sri T.K.Vedamurthy, AGA)

This Writ Petition is filed under Articles 226 & 227 otf theConstitution of India praying to call for records and peruse the.same and to set aside the impugned notice dated 17.11.2017,passed by the R-2 vide Annexure-J as arbitrary, illegal andagainst the principles of natural justice and equity and etc., This Writ Petition coming on for preliminary hearing,|this day,s.sujatha, J.,made the following:

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ORDER

Learned Additional Government Advocate accepts notice|

for respondents.

2The learned Additional Government Advocate has.no objections to dispose of this matter in terms of the order oftheID1V1S10NBench.ot|thisCourt1NWritPetitionNo.94932/2017 (GM-MM-S), disposed of on 14.12.2017.4shashikumara T.N. —us — The State of Karnataka & others).

3. In view of the above, the impugned notice dated17.11.2017, at Annexure- J’ to the writ petition, is set aside. —The respondent No.2 is at liberty to take action in the matter inaccordance with law after affording an opportunity of hearingto the petitioner.

Accordingly, the Writ Petition stands|disposed of1Nterms of the order in Writ Petition No.94932/2017.

Ebk/|

Sd/-|

JUDGE

Sd/-

JUDGE

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