IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 P R E S E N T THE HON’BLE MR. L. NARAYANA SWAMY, ACTING CHIEF JUSTICE & THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.23533 OF 2018 (GM-MM-S) BETWEEN:
M/s. Bharati Rock Products (India) Private Limited, Formerly known as M/s. Mines & Rock Products India Private Limited, With its Regd. Office At No.24 (Old No.56B/34), 1st Main, Vyalikaval Lower Palace Orchards, Bengaluru – 560 003.
Represented by its Authorized Signatory & Director – Mr.Deepak Rajendran, R/at Sy.No.9, Kanivenarayanapura Village, Off. Muddenahalli Village, Nandi Hobli, Chikkaballapur – 562 101. ... PETITIONER (By Sri. R.G.Kolle, Advocate) AND:
1. The State of Karnataka, Represented by its Chief Secretary, Vidhana Soudha, Bengaluru, Bengaluru – 560 001.
2. The Principal Secretary To Government, Department of Commerce And Industries, Vikasa Soudha, Bengaluru, Bengaluru – 560 001.
3. The Deputy Commissioner & The Chairman, District Stone Crusher Licensing & Regulation Authority, Chikkaballapur District, Chikkaballapur – 562 101.
4. The Member Secretary & Senior Geologist, Department of Mines & Geology, Chikkaballapur – 562 101.
5. The Environmental Officer, Karnataka State Pollution Control Board, C.V.Anand Layout (Behind Railway Station), Chikkaballapur – 562 101.
6. The Executive Engineer, (Electrical), BESCOM, Office of the EE (E), Chikkaballapur – 562 101. ...RESPONDENTS (By Sri.Bhanuprakash V.G., AGA for R1 to R4; Sri.D.Nagaraj, Advocate for R5 Sri.S.Sriranga, Advocate for R6) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent No.3 - Deputy Commissioner and Licensing Authority to extend the validity period of the licence issued in Form – C at No.37/25/13-14 dated 29.08.2013 up till 31.03.2019 produced at Annexure – E, pursuant to orders dated 20.03.2017 and 14.09.2017 passed by this Hon’ble Court in W.P.No.11772/2017 and 41471/2017 produced at Annexures – B and C respectively, in respect of functional stone crushing unit put up in Government land bearing Sy.No.9 of Kanive Narayanapur Village, Chikaballapur Taluka and District and etc., This Writ Petition coming up for Preliminary Hearing, this day, P.S. Dinesh Kumar J., made the following:
ORDER Heard.
Sri R.G. Kolle, learned counsel for the petitioner submits that the petitioner is running a stone crushing unit and his licence is valid till 31.03.2019. Petitioner has filed an application for renewal of licence and the same is pending consideration. However, the Bangalore Electricity Supply Company Ltd. has issued a show-cause notice on 16.05.2018 as to why the power supply to the petitioner – company should not be disconnected. He submits that since the licence is still in force, the BESCOM could not have issued the notice in question.
2. Sri Bhanuprakash V.G., learned AGA fairly submits that the licence issued to the petitioner is valid till 31.03.2019.
3. In the circumstances, the notice issued as per Annexure-A is unsustainable in law. Resultantly this petition merits consideration and it is allowed.
4. Accordingly, the impugned show-cause notice dated 16.05.2018 is quashed and BESCOM is directed not to disconnect the power supply to the petitioner’s unit till 31.03.2019 which shall be co-extensive till the date of licence.
Learned Addl. Government Advocate is permitted to file memo of appearance within two weeks.
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ACTING CHIEF JUSTICE sac* Sd/- JUDGE