VSL MINING COMPANY PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 REP. BY ITS DIRECTOR SRI. ANIL LAD Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE DEPARTMENT OF INDUSTRIES AND COMMERCE (SSI, TEXTILES AND MINES), THE DIRECTOR

JUDGEMENT

(1.) ON the basis of an application preferred by the Petitioner, he was permitted to establish a stock yard for Storing stock of minerals. During the subsistence of the aforesaid liberty granted to the Petitioner, the State Government passed an order dated 13.8.2010 restricting the grant of permission for the stock yard only to the mine owners and those who have processing plants. A circular dated 13.8.2010 was accordingly issued by the Director, Department of Mines and Geology requiring the implementation of the order dated 13.8.7010.

(2.) BASED on the order dated 13.8.2010 passed by the State Government, as also, the circular dated 13.8.2010 passed by the Director, Department of Mines and Geology; the Deputy Director (Mines), Hospet, passed an order dated 27.08.2010 canceling the stock yard permission granted to the Petitioner. Through the instant writ petition, the Petitioner has assailed the cancellation order dated 27.08.2010. The solitary contention advanced by the learned Counsel for the Petitioner is that the aforesaid order dated 27.08.2010 adversely affects the civil rights of the Petitioner. It is accordingly submitted that the aforesaid order could not have been passed by Respondent No. 3 without following the rules of natural justice. In this behalf it is submitted, that no notice whatsoever was issued to the Petitioner informing him the basis for canceling the stockyard permission. It is further pointed out that no opportunity was afforded to the Petitioner to respond to any such determination at the hands of the respondents.

(3.) IN view of the statement made by the learned Counsel for the respondents, we hereby direct that the impugned order dated 27.08.2010 shall be treated only as a show cause notice issued by the Deputy Director (Mines), to the Petitioner. The Petitioner shall have liberty to respond to the same within two weeks from today, whereupon, the Respondents shall be free to pass appropriate orders thereof.