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2016 Supreme(Kar) 146

ASHOK B.HINCHIGERI
Rio Energy Private Limited – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M.H. Sawkar, Advocate for Sundaraswamy and Ramdas
For the Respondents:A.G. Shivanna, A.A.G. for T.L. Kiran Kumar, A.G.A., G.S. Kannur, Advocate and Ajay J.N., Advocate for Pragathi Law Chambers

ORDER :

Ashok B. Hinchigeri, J.

1. The petitioner's grievance is over the withdrawal of allotment of setting up of a Mini Hydel Project across Ghataprabha Right Bank Canal at Hidkal Dam and granting permission to the respondent No. 3 to set up the project with 20 M.W.

2. Sri M.H. Sawkar, the learned counsel for the petitioner submits that the allotment Committee after carefully considering the application, project report, etc. filed by the petitioner accorded the approval for setting up of the said project by the petitioner. He brings to my notice that the respondent No. 2 is also a party to the said proceedings. He submits that the petitioner has not violated any terms and conditions of allotment as enumerated in the Government Order, dated 19.12.2009 (Annexure-F).

3. He submits that the petitioner has already invested about Rs.50 lakhs into the project. When there are no deficiencies and lapses on the part of the petitioner, the allotment is withdrawn from the petitioner only with a view to give the same to the respondent No. 3.

4. The learned counsel brings to my notice the show cause notice issued to the petitioner as to why the allotment should not be cancelled invoking Clauses 8,














































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