IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION No.45072/2017 (GM-MM-S) BETWEEN:
SMT. JAYALAKSHMI W/O KUBERAPPA AGED ABOUT 48 YEARS TENKABAILU VILLAGE JAYANAGARA POST HOSANAGARA TALUK SHIMOGGA DISTRICT – 577 418 ...PETITIONER (BY SRI GANAPATHI, ADVOCATE) AND:
1. STATE OF KARNATKA BY ITS PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU – 560 001 2. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVANA RACE COURSE ROAD BENGALURU – 560 001 3. THE SENIOR GEOLOGIST & COMPETENT AUTHORITY DEPARTMENT OF MINES & GEOLOGY ASSISTANT COMMISSIONER COMPLEX 2ND FLOOR, BALARAJA URAS ROAD SHIMOGGA – 577 201 4. THE CHAIRMAN & DEPUTY COMMISSIONER DISTRICT STONE CRUSHERS LICENCING AUTHORITY SHIVAMOGGA DISTRICT SHIVAMOGGA – 577 201 5. KARNATAKA STATE POLLUTION CONTROL BOARD “PARISARA BHAVANA”
NO.49, 4TH & 5TH FLOOR CHURCH STREET BANGALORE – 560 001 BY ITS MEMBER SECRETARY 6. THE ASSISTANT COMMISSIONER SAGAR SUB-DIVISION SAGARA, SHIMOGGA 7. THE DEPUTY CONSERVATOR OF FORESTS SAGAR DIVISION, SAGARA SHIMOGGA DISTRICT 8. SRI H.L.UMESH S/O H.T.LOKAPPA GOWDA PROPRIETOR OF SIDDIVINAYAKA STONE CRUSHER SHIMOGGA ROAD HOSANAGARA SHIMOGGA DISTRICT – 577 410 …RESPONDENTS (GA SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CERTIFICATE OF COMPLIANCE FORM-B-1 DATED 5.7.2016 VIDE ANNEXURE-Q ISSUED BY R-4 AND CONSEQUENTLY DIRECT R-4 TO DECLARE THAT THE SY.NO.9 OF TENKABAILU VILLAGE, KASABA HOBLI HOSANAGARA TALUK IS NOT A SAFTER ZONE FOR ESTABLISHMENT OF STONE CRUSHER BY ISSUING THE WRIT IN THE NATURE OF MANDAMUS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
Learned counsel appearing for the petitioner seeks leave to withdraw the writ petition with liberty to the petitioner to avail of the statutory remedy available under the Karnataka Regulation of Stone Crushers Act, 2011 in accordance with law. Leave and liberty sought for is granted. The writ petition is accordingly disposed of as withdrawn.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE LB