BRAHMANANDA SAGAR JAGGERY INDUSTRIES Vs. GOVT. OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, Sri.Vikram Huilgol, learned Senior counsel who is representing for respondent No.2 and Sri.S.S.Mahendra, learned Principal Government Advocate for respondent No.1.

(2.) The petitioner by way of the present petition challenges the order dtd. 6/10/2023 passed by respondent No.2 vide Annexure-'J' to the writ petition. The sum and substance of the submission of the learned counsel for the petitioner is that the respondent No.2 - Board issued a show cause notice to the petitioner on 21/8/2023, to which the petitioner promptly replied by a written reply dtd. 6/9/2023. The respondent No.2 without affording an opportunity of hearing to the petitioner has passed the final order whereby, consent granted to the petitioner is withdrawn / cancelled.

(3.) Learned counsel for the petitioner submits that the petitioner is having sufficient material to counter the allegations in the order. Since no opportunity of hearing was granted to the petitioner, the order is untenable on this sole ground. The learned counsel for the petitioner invited our attention to the statement in the order dtd. 6/10/2023 which reads as under:-