IF THE PETITIONER IS WILLING TO SUBMIT THE DOCUMENTS TO THE AUTHORITY, AS INFORMED BY THE AUTHORITY AND REFERRED TO IN THE COMMUNICATION, THEN THESE DOCUMENTS MAYBE SUBMITTED BEFORE THE AUTHORITY WITHIN 10 DAYS FROM TODAY. IF THE PETITIONER FAILS TO SUBMIT ANY DOCUMENT WITHIN ONE WEEK FROM TODAY, THE RESPONDENTS/AUTHORITIES ARE AT LIBERTY TO TAKE DECISION ON THE APPLICATION OF THE PETITIONER ON THE MATERIAL WHICH IS AVAILABLE WITH THE AUTHORITY SAYS KARNATAKA HC
In the matter of Sri K R Narappa vs The Principal Secretary on 23 November, 2022(WRIT PETITION NO.21215 OF 2022 (GM-MMS) presided by THE HON’BLE MR. JUSTICE ASHOK S. KINAGI it is stated that His writ petition is filed under section 226 and 227 of the constitution of india praying for the issuance of a writ of mandamus or any other writ or order for proceedings of the 3rd respondent deputy director of mines and geology, government of karnataka, 5th block, b. Kela govt. Gowda extension, near basappa hospital, chitradurga -577001, for consideration of application/representation of applicant on 19.02.2022, vide annexure-k, Given by the applicant for a permit to carry all the remainder above white quartz/quartz mine extracts weighing approximately 2000 tons, Situated at survey no.113 in village maradihalli, hiriyur taluk, district chitradurga and issuing necessary order/permission for closing Applicants mining of m/s mal minerals group and gr group concerns applicant.
Facts of the case
The petitioner prays before this Court for an injunction in the form of mandamus against the respondents/authorities of W.P.No. to consider the request/representation of the petitioner dated 19.02.2022, a copy of which is kept on file as Annexure-K. Learned Additional Government Counsel for the acceptance of the deposition for the respondent on the instruction before this Court submits that after the representation a notice headed “final notice” was issued to the petitioner on 02.08.2022. The Respondents/Authorities called upon the Whistleblower/Appellant to produce certain documents. Some time was also granted to the petitioner at his request to submit documents. However, the documents were not provided to the authorities within the specified period. The learned legal representative of the petitioner, on the other hand, states that all the necessary documents were submitted to the office on 17 June 2022. Copy of communication W.P. no. 21215/2022 dated 17.06.2022 of the addressed office is stored in Annex-M.
JUDGMENT
THE HON’BLE MR. JUSTICE ASHOK S. KINAGI observed that
If the petitioner is willing to submit documents to the authority, as informed by the authority and as stated in the communication dated 08/02/2022, he shall submit these documents to the authority within 10 days from today. If the petitioner does not submit any document within one week from today, the respondents/authorities have the opportunity to decide on the petitioner’s application based on the material available to the authority. This decision will be taken by the authority as soon as possible, but no later than within 10 weeks from the date of receipt of the decision of this court. As per the above instructions, the petition is disposed of. A certified copy of the order to the parties. Parties to deal with the certified copy and decide the application and pass orders in the merits of W.P. No. 21215/2022 in accordance with the provisions of the law and communicated the order to the petitioner.
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JUDGEMENT REVIEWED BY HARSHA L NALWAR