Sri Duragappa Kariyalappa Napori vs State Of Karnataka
2021 Latest Caselaw 6375 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 17TH DAY OF DECEMBER, 2021

                     PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                       AND

THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

   WRIT PETITION NO.17066 OF 2021 (GM-MM-S)

BETWEEN:

SRI DURGAPPA KARIYALAPPA NAPORI
S/O.KARIYALLAPPA
AGED ABOUT 56 YEARS
R/AT DEVARAGUDDA VILLAGE
DEVARAGUDDA POST
RANEBENNUR TALUK
HAVERI DISTRICT - 581 115
                                     ... PETITIONER

(BY SRI PRAKASH B.S., ADVOCATE)

AND:

1. STATE OF KARNATAKA
   REP.BY ITS SECRETARY
   DEPARTMENT OF
   COMMERCE AND INDUSTRIES
   (MSME & MINES)
   VIKASA SOUDHA
   DR.AMBEDKAR VEEDHI
   BENGALURU - 560 001

2. THE COMMISSIONER AND DIRECTOR
   DEPARTMENT OF MINES AND GEOLOGY
   KHANIJA BHAVAN
   RACE COURSE ROAD
   BENGALURU - 560 001
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3. THE SENIOR GEOLOGIST
   DEPARTMENT OF MINES & GEOLOGY
   G.G.MAGAVI CHAMBERS
   2ND FLOOR, P.B.ROAD
   HAVERI - 581 110
                                             ... RESPONDENTS

(BY SRI S.S.MAHENDRA , AGA)
                            ---
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE AND QUASH THE DEMAND NOTICE DATED
27.07.2021 ISSUED BY THE SENIOR GEOLOGIST,
DEPARTMENT    OF   MINES   AND    GEOLOGY,   HAVERI
DEMANDING A SUM OF RS.12,06,02,559/- PRODUCED AS
ANNEXURE-A AND ETC.

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THROUGH PHYSICAL HEARING THIS DAY, CHIEF
JUSTICE MADE THE FOLLOWING:

                          ORDER

Heard.

2. This writ petition has been filed seeking following

reliefs:

"I) Be pleased to set aside and quash the impugned Demand Notice dated 27.07.2021 issued by the Senior Geologist, Department of Mines & Geology, Haveri bearing No. GABUEE/ Heebuha / KAAGAGU/ 2021 - 22 / 533 demand a sum of Rs.12,06,02,559/- produced at Annexure "A".

II) Grant such other or further relief as this Hon'ble Court may deem fit and proper in the facts and circumstance of this case, in the interest of justice and equity."

3. Learned Additional Government Advocate

appearing for respondents has taken a preliminary

objection as regards maintainability of the writ petition on

the ground that the petitioner has a statutory remedy of

filing revision under Rule 53 of the Karnataka Minor Mineral

Concession Rules, 1994 against the impugned order, which

he has not availed and as such, the writ petition is not

maintainable.

4. Learned counsel for petitioner submits that in fact,

the impugned order is without any authority of law. The

third respondent while passing the impugned order has not

given any reasons and as such, the writ petition is

maintainable. It is submitted that the alternative remedy is

not absolute bar and as such, the writ petition shall be

entertained. In support of his submission, he has relied on

the judgment and order dated 21.04.2021 passed by the

Coordinate Bench of this Court in WP.No.7369/2021 (GM-

MM/S) connected with WP.No.7145/2021, a copy of which

is annexed as Annexure-J to the writ petition.

5. Learned Additional Government Advocate, on the

other hand, submits that the order dated 21.04.2021

passed in WP.No.7369/2021 and connected matter (supra)

would not be applicable to the present facts of the case as

in that case, the reply submitted by the petitioner to the

notice was not considered and the impugned order was

passed on the ground of breach of principles of natural

justice. In the present case, the reply of the petitioner has

been considered and not found satisfactory which is evident

from perusal of the impugned order at page-25. The

operative portion of the impugned order reads thus:

"No.Gabuee/Hibuha/Kagagu/2021-22/533 Date: 27 JUL 2021 I, Srinivas K. Senior Geologist, (in-charge) Department of Mines & Geology, Haveri District, exercising powers conferred on me as per Rule 4 of K.M.M.C.R 1994 pass this order imposing penalty of Rs.12,06,02,559/- as per Rule 44 of K.M.M.C.R equal to 5 time the royalty for having conducted unauthorized quarrying without licence over an extent of 2- 20 Acres in Sy.No.99/1 of Shidaganala Village, Ranebennur Taluk, Haveri District and for

having transported 344528.74 M.T of Building Stone it is notified to remit the penalty in question."

6. We have considered the submission and gone

through the records. As per the impugned order,

opportunities were provided to the petitioner on 25.06.2020

and 09.07.2021. During the enquiry in question, it was

stated by the petitioner that his representation dated

10.05.2021 was considered as his reply. The same was

considered and was not found satisfactory. It is to be noted

that under Rule 53 of the Karnataka Minor Mineral

Concession Rules, 1994, a revision has been provided and it

is stated that any person aggrieved by the order of the

Competent Authority not above the rank of Additional

Director may, within sixty days of the date of

communication of such order apply in Form-RV to the

Controlling Authority for revision of such order.

7. It is not the case of the petitioner that order

impugned has not been passed by the competent authority.

As such, we are of the considered view that the judgment

and order dated 21.04.2021 passed in WP.No.7396/2021

and connected matter (supra) which has been relied on by

the petitioner would not be of much assistance to the

petitioner as it was on different facts. In the present case,

the petitioner has been given full opportunity and reply of

the petitioner was duly considered before passing of the

impugned order. As such, there is no reason for us to grant

indulgence at this stage. The writ petition is accordingly

dismissed.

However, liberty is granted to the petitioner to avail

statutory remedy as may be available to him under law.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

LB