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Judgment
B M Shyam Prasad, J
The petitioner is granted quarrying lease over an area of 15 acres in Sy.No.1 of Madagnur Kaval village, Arakalgud Taluk, Hassan District, and this lease deed is for twenty years from 19.03.2020. The petitioner is aggrieved by the "Notice" dated 05.09.2024 [Annexure-M] issued by the fourth respondent. Sri.M.M.Swamy, the learned counsel for the petitioner, submits that though the impugned notice is styled as such, it is in effect a notice withdrawing No-objection given earlier and it is based on the decision of the Forest Department to withdraw the No-objection certificate dated 22.08.2024.
On the antecedent circumstances, Sri.M.M.Swamy submits that [a] on an earlier occasion the petitioner was constrained from operating the lease and as such the petitioner approached this Court in W.P.No.14154/ 2024; [b] during the pendency of this writ petition the petitioner was permitted to continue quarrying operation; [c] because of this permission pending a survey, the writ petition is disposed of as withdrawn on 24.07.2024 observing that any further development adverse to the petitioner's interest shall be because of fresh action; [d] the petitioner has ascertained that the survey contemplated for demarcation of the larger land and the land leased has not been completed and [e] this decision is taken only because of certain proceedings referred to in the impugned notice.
Sri Milind Dange, the learned Additional Government Advocate who accepts notice for the respondents, is heard in the light of the afore circumstances and to answer this question: whether this Court must intervene on the short ground of due notice. This Court is of the view, especially in the circumstances narrated above, that it was incumbent upon the fourth respondent to issue an opportunity to show cause against withdrawal of No-objection before proceeding to pass order, and hence, the petition stands disposed of by the following:
ORDER
[a] The impugned notice dated 05.09.2024 [Annexure-M] shall only be construed as a notice extending an opportunity to the petitioner to show cause against withdrawal of the No-objection.
[b] The petitioner will be at liberty to file a response with fourth respondent within a week from today.
[c] The fourth respondent shall consider the same in accordance with law and pass orders within the next fifteen [15] days.