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2019 DIGILAW 1946 (KAR)

H B Ravikumar Son Of Late Bojegowda v. State Of Karnataka Represented By Its Principal Secretary Government Of Karnataka Department Of Revenue

2019-09-03

ABHAY S.OKA, MOHAMMAD NAWAZ

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ORDER : Abhay S. Oka, J An application –I.A.No.2/2019 is tendered across the bar by the learned counsel appearing for the petitioners seeking amendment of the writ petitions for incorporating a challenge to the order dated 28th August 2019 passed by the Deputy Commissioner which is similar to the order impugned dated 20th August 2019 passed by the Tahsildar. We, accordingly, permit the petitioners to carry out the amendment and file the amended petitions within one week from today. The application stands disposed of. 2. By both the impugned orders, the Tahsildar and the Deputy Commissioner have purported to exercise powers under Section 144 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’) directing the petitioners to stop the mining activities and jelly stone crushing activities. It is not in dispute that the petitioners are carrying on the operations under the licences and quarrying leases. 3. Ex facie, Section 144 of the Cr.P.C. could not have been applied for preventing the petitioners from carrying on the operations which are permissible under the mining leases and licences for crushing. 4. Faced with this difficulty, the learned Additional Government Advocate states that the order passed by the Deputy Commissioner be treated as a show cause notice so that the Deputy Commissioner, after hearing the petitioners, can pass appropriate orders in accordance with law. 5. Accordingly, we dispose of the petitions by passing the following order: (i) The orders dated 20th August 2019 and 28th August 2019 passed by the Tahsildar and the Deputy Commissioner respectively are set aside only on the limited ground that the directions issued thereunder could not have been issued under Section 144 of the Cr.P.C.; (ii) We have, however, made no adjudication on the legality and validity of the grounds set out in the said orders; (iii) We direct the petitioners to appear before the Deputy Commissioner on 6th September 2019 at 11.00 a.m. (iv) The order passed by the Deputy Commissioner dated 28th August 2019 shall be treated as a show cause notice. The petitioners shall file a reply to the same on 6th September 2019; (v) Thereafter, the Deputy Commissioner shall pass appropriate orders in accordance with law after giving an opportunity of being heard to the petitioners; (vi) We make it clear that if the Deputy Commissioner finds that some other authority is empowered to take action on the basis of the show cause notice, he shall direct the petitioners to appear before the concerned authority.