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2010 DIGILAW 48 (KAR)

Ravishankar v. Deputy Director, Department of Mines & Geology, Chamarajanagar

2010-01-12

A.S.BOPANNA, V.GOPALA GOWDA

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Judgment : Learned Government Advocate is directed to take notice for the respondent and file memo of appearance within a period of four weeks from today. 2. This writ petition is filed by the petitioner who is the permanent resident of saraswathipuram, Mysore challenging the auction notification published in the Kannada Daily ‘Udayavani’ dated 3-1-2010 contending that the same is in contravention of sub-rule (2) of Rule 31-A of the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as ‘the Rules’) as there is no clear notice of 15 days before the last date specified in the notification for the receipt of tender since the notice was published on 3-1-2010 scheduling the date of auction as 16-1-2010. Therefore, there is violation of the aforesaid rule. Further it is contended that except furnishing the survey number and the extent, no other details are forthcoming in the notification regarding boundaries. 3. We have heard learned Counsel for the petitioner and the learned Additional Government Advocate. 4. In the facts and circumstances of the case, we dispose of the petition on merits quashing the notification (Annexure-E) as it is in contravention of Rule 31-A(2) of the Rules with liberty to the Deputy Director to immediately publish notification in accordance with the Rules and proceed further in the matter without any further delay.