M/S. SHREE MALLIKARJUNA SHIPPING PVT. LTD. Vs. THE UNDER SECRETARY DEPARTMENT OF PWD (PORT AND INLAND WATER TRANSPORT) AND OTHERS

JUDGEMENT

(1.) Learned HCGP has filed a memo enclosing the order dated 06.09.2018 (along with its English translation), as issued by the Under Secretary to the Government of Karnataka in its Public Works (Port and Inland Water Transport) Department, withdrawing the impugned order dated 17.07.2017 (Annexure-P). He further submits, on instructions, that the concerned Principal Secretary to the Government of Karnataka in the Public Works (Port and Inland Water Transport) Department, will take the decision afresh, after extending an opportunity of hearing to the petitioner.

(2.) Even when we cut short the unnecessary details, it is but apparent that the present one is the fourth round of litigation concerning the same cause between the petitioner and the respondents. In the earlier order dated 15.03.2017 in W.P. No. 6471/2015, a Co-ordinate Bench of this Court took note of some of the relevant background aspects, while directing that a decision shall be taken in the matter by the Principal Secretary after extending an opportunity of hearing to the representative of the writ petitioner.

(3.) The said order was passed in the backdrop of the facts that the petitioner was allotted 81,220 sq.mtrs. of land at Belekeri Port, Karwar District, for storage of iron ore and other cargo for a period of 30 years, effective from the year 2004. However, such an allotment was cancelled by the State Government by an order dated 07.07.2010, which was challenged in W.P. No. 28439/2010. The said writ petition was disposed of on 02.06.2011, with liberty to the petitioner to file objections and with directions to the respondents to take decision afresh by way of a reasoned and speaking order. Thereafter, on 27.12.2011, the State Government passed another order reiterating the cancellation of allotment. This order was again challenged by the petitioner in W.P. No. 11560/2013. However, the authorities concerned agreed to issue a fresh show-cause notice to the petitioner, while granting him an opportunity of hearing. The said writ petition was disposed of on 28.06.2013 in terms of such submissions. Thereafter, show-cause notice was issued to the petitioner and the petitioner did submit his response thereto.