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Judgment
J.S. Khehar, C.J.—Notice to the Respondents. On our asking, Mr. Kolle, learned Additional Government Advocate accepts notice on behalf of Respondent. Nos. 1 to 3.
Through the instant writ petition, the Petitioner has assailed the order dated 11.11.2010 (Annexure-B), whereby, the licence granted to the Petitioner to quarry Latterite stone has been abruptly revoked.
It is the contention of the learned Counsel for the Respondents, that before the aforesaid revocation, vide impugned order dated 11.11.2010, it was imperative for the Respondent to offer a show-cause notice to the Petitioner in terms of the provisions of Rule 6(3) of the Kamataka Miner Mineral Concession Rules. 1994. It is accordingly, submitted by the learned Counsel for Respondent Nos. 1 to 3, that the impugned order dated 11.11.2010 (Annexure-B) be, treated as a show-cause notice with liberty to the Petitioner to respond to the same within two weeks from today. On receipt of response from the Petitioner, the competent authority i.e. the Deputy Director, Mines and Geology shall pass an appropriate order in accordance with law.
The prayer made by the learned Counsel for the Respondents is accepted. For all intents and purposes the order dated 11.11.2010 (Annexure-B) shall be treated as a show-cause notice. Whereupon, the procedure suggested by the learned Counsel for the Respondents shall be followed. Till such time, as an order is passed by the Deputy Director of Mines and Geology, the Petitioner will be entitled to continue quarrying of Latterite stone from the land in question. It would be appreciated if, the Deputy Director of Mines and Geology, takes final decision within two weeks from the date of receipt of reply of the Petitioner.
Disposed of in the aforesaid terms.