IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.53219 OF 2018 (GM-MM-S) BETWEEN:
M/S. GANGA STONE CRUSHER REPRESENTED BY ITS PROPRIETOR, SRI. D. MALLIKARJUNA @ MALLAPPA, SON OF YALLAPPA, AGED ABOUT 47 YEARS, SITUATED AT SY. NO. 109/2, TANAKANAKALLA, KOPPAL DISTRICT-583 231, AND ALSO R/AT HOTEL GANGOTHRI.
(BY SRI.L M CHIDANANDAYYA, ADVOCATE) AND:
...PETITIONER 1. DISTRICT STONE CRUSHERS LICENSING & REGULATION AUTHORITY, REPRESENTED BY ITS CHAIRMAN, DEPUTY COMMISSIONER, KOPPAL DISTRICT, KOPPAL-583 231.
2. DEPUTY COMMISSIONER KOPPAL DISTRICT, CHAIRMAN, DISTRICT STONE CRUSHERS LICENSING & REGULATION AUTHORITY, KOPPAL DISTRICT, KOPPAL-583 231.
3. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY & MEMBER SECRETARY, DISTRICT STONE CRUSHERS LICENSING & REGULATION AUTHORITY, KOPPAL DISTRICT, KOPPAL-583 231.
…RESPONDENTS (BY SRI.V.G.BHANUPRAKASH, AGA) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS WHICH ULTIMATELY RESULTS IN NOT ISSUING FORM C FOR ESTABLISHMENT OF STONE CRUSHING UNIT IN THE SCHEDULE PROPERTY AND DIRECT THE RESPONDENT TO ISSUE FORM-C IN VIEW OF FORM-C IN VIEW FORM B1 ISSUED ON 20.11.2014 TO THE PETITIONER AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Petitioner has filed this petition seeking direction to consider its representation dated 02.05.2017 (Annexure-R) for issuance of Form-C.
2. Learned advocate for the petitioner submits that on completion of all formalities, petitioner made representation for issuance of Form-C, but without assigning any reasons, respondents have not issued Form-C.
3. Learned AGA submits that before issuance of Form-C, petitioner has commenced crushing activity and hence, petitioner has been fined with a sum of Rs.1,98,000/-. Therefore, he prays for dismissal of the petition.
4. We have heard learned counsel on both sides.
5. In the facts and circumstances of the case, since all the formalities are stated to have been complied, it is for the respondents to consider the representation of petitioner. Accordingly, this petition is disposed of with a direction to respondents to consider the representation of petitioner for issuance of Form-C within a period of eight weeks from the date of receipt of a copy of this order.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE BSR