IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 41441/2019 (GM-MM-S) BETWEEN M/S. CHOWDESHWARI STONE CRUSHER OFFICE AT C.D. HOSKOTE VILLAGE ANEKAL POST, ANEKAL TALUK BENGALURU URBAN DISTRICT-562106 REPRESENTED BY ITS PROPRIETOR SRI N RAMESH …PETITIONER (BY SRI GANAPATHI BHAT VAJRALLI, ADVOCATE) AND 1 . THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B.R.AMBEDKAR VIDHI BENGALURU-560001 2 . THE PRINCIPAL SECRETARY DEPARTMENT OF MINES AND GEOLOGY VIDHANA SOUDHA DR. B.R.AMBEDKAR VIDHI BENGALURU-560001 3 . THE PRINCIPAL SECRETARY DEPARTMENT OF FOREST VIDHANA SOUDHA DR. B.R.AMBEDKAR VIDHI BENGALURU-560001 4 . THE LICENSING AUTHORITY/PRESIDENT AND DEPUTY COMMISSIONER DISTRICT STONE CRUSHER LICENSING AND CONTROLLING AUTHORITY BENGALURU URBAN DISTRICT BENGALURU-560001 5 . THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY KANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560001 6 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY V.V.TOWER, DR. B.R.AMBEDKAR VIDHI BANGALORE URBAN DISTRICT BENGALURU-560001 7 . THE DEPUTY CONSERVATOR OF FOREST BANNERGHATTA NATIONAL PARK BANNERGHATTA, BENGALURU-560083 8 . THE RANGE OFFICER ANEKAL WILDLIFE RANGE, ANEKAL TALUK BENGALURU URBAN DISTRICT-562106 ...RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY APPROPRIATE DIRECTION TO THE 6TH RESPONDENT TO PERMIT THE PETITIONER TO CONTINUE THE CRUSHER UNIT IN THE SCHEDULE PROPERTY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Even as of today, the sixth respondent has not filed objections in terms of the order dated 18th November 2019. Therefore, it is obvious that the sixth respondent or any other officers of the State had not prevented the petitioner from acting upon the licence by passing an order in writing.
2. Now today, the learned Additional Government Advocate relies upon a communication dated 28th October 2019. Even the said communication dated 28th October 2019 is not an order passed by any competent authority stopping the operation of crushing. Therefore, we pass the following order:
(i) So long as the licence granted to the petitioner is valid, the petitioner shall not be prevented from acting upon the licence except in accordance with law ;
(ii) The petition is accordingly disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv