SATHEESH MINES AND INDUSTRIES v. DEPUTY DIRECTOR OF MINES AND GEOLOGY
1990-01-25
M.P.CHANDRAKANTARAJ
body1990
DigiLaw.ai
CHANDRAKANTHARAJ, J. ( 1 ) THIS matter coming up for orders is disposed of by the following order after hearing learned counsel for the petitioner as well as Government pleader appearing for the respondent- state of Karnataka and the second respondent Director of Mines and geology. ( 2 ) ADMITTEDLY, the petitioner isthe lessee of a Mining lease granted under the provisions of the Karnataka minor Mineral Concession Rules to quarry. That Mining lease can to be terminated by an order dated 5th november, 1984 made by the Deputy director inter alia on the ground that the lessee had failed to pay arrears of dead-rent and other dues one to the government. Petitioner preferred a revision before the Government on 23-1-1985. That Revision Application came to be dismissed by an order dated 22nd April, 1987 which is at annexure-F. Therefore, that petitioner has approached this Court for relief. Relief prayed for is that Annexure-F is without the authority of law in as much asit is in violation of specific provision contained in Rule 61 of the Karnataka minor Mineral Concession Rules, in that, he has not been heard before the order has been passed. ( 3 ) THE language of Rule 61 leavesno doubt in the mind of the Court that when the Legislature uses expression ''provided that no order prejudice! to any person shall be made without giving him opportunity of being heard", by necessary implication, it must be a personal hearing as the word" hearing "implies an opportunity to make oral representation which the revisional Authority must hear. If that is not done, admittedly, then the order at Annexure-F is vitiated. ( 4 ) THEREFORE, the order atannexure-F is clearly without the authority of law, and is quashed by a writ of certiorari and the matter remitted to the Revisional Authority, the second respondent herein for disposal in accordance with law, after giving the petitioner an opportunity of being heard. Petitioner shall appear before the Revisional Authority the second respondent on 22nd February, 1990 at 10 30 a. m. and take further instructions as to the date of hearing or address arguments on that day if the officer is willing to hear him on that day. Rule issued is made absolute. Order accordingly. Writ petition allowed. --- *** --- .