IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 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.18345 OF 2019 (GM-MM-S) BETWEEN:
M/S K.K. STONE CRUSHER, REPRESENTED. BY SADIQ ULLA KHAN, AGED ABOUT 32 YEARS, R/AT 1ST CROSS, TANK MOHALLA, SHIVAMOGGA-577 201.
(BY SRI. R.G. KOLLE, ADVOCATE) ... PETITIONER AND:
1. THE STATE OF KARNATAKA. REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE SECRETARY TO GOVERNMENT, DEPT. OF COMMERCE & INDUSTRIES, VIKAS SOUDHA, BENGALURU-560 001.
3. THE CHAIRMAN, LICENSING AUTHORITY & THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT STONE CRUSHER REGULATION COMMITTEE, SHIVAMOGGA-577 201.
4. THE MEMBER SECRETARY AND SENIOR GEOLOGIST, DEPT. OF MINES AND GEOLOGY, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201.
5. THE SENIOR ENVIRONMENTAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD, NO.49, PARISARA BHAVAN, CHURCH STREET, BENGALURU-560 001.
6. THE ASSISTANT ENGINEER (E), O/O THE ASSISTANT ENGINEER (E), BRANCH-1, CITY SUB-DIVISION-1, MESCOM, SHIVAMOGGA-577 201.
... RESPONDENTS (BY SRI V.G. BHANUPRAKASH, AGA FOR R-1 TO 4;
SRI. D. NAGARAJ, ADVOCATE FOR R-5) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 DEPUTY COMMISSIONER, AS THE CHAIRMAN OF LICENSING AND REGISTRATION AUTHORITY, TO RENEW LICENSE ISSUED IN FORM-C AT NO.33, DTD.14.6.2013 IN NOTIFIED SAFER ZONE IN PRIVATE PATTA LAND AT SY.NO.2/1 IN SULEBAILU VILLAGE, SHIVAMOGGA TALUKA, PURSUANT TO RENEWAL APPLICATION IN FORM-A AND A1 DATED 14.3.2018 FILED BY THIS PETITIONER, FOR ANOTHER TERMS OF 5 YEARS AS PER SEC. 5 PRODUCED AT ANNEXURE-B, E AND E1 RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Petitioner’s grievance in this writ petition is that its renewal application has not been considered within 90 days by the third respondent. Therefore petitioner is entitled for the benefit of deemed renewal.
2. Learned counsel for the petitioner submitted that pending consideration of petitioner’s renewal application, the MESCOM has disconnected the power supply and thus deprived the petitioner from carrying on with the stone crushing activity. Therefore, he has prayed for a direction to restore power supply till renewal application is considered.
3. The learned AGA submits that the licence itself has expired in June 2018. The petitioner has approached this Court after unreasonable delay. In the circumstances, the deemed provision relating to renewal of the license to carry out stone crushing activity does not arise for consideration. However, he submits that the application for renewal will be considered expeditiously.
4. We have heard the learned counsel for the parties.
5. In the facts and circumstances of the case, when it is undisputed that the licence itself expired in June 2018, directing the MESCOM to restore power supply is impermissible. Therefore, we direct the third respondent- Deputy Commissioner and the Chairman of Licensing and Registration Authority to consider petitioner’s application for renewal of license and pass appropriate orders within a period of eight weeks’ from today. In case renewal application is considered in favour of the petitioner, the MESCOM shall restore the power supply immediately on production of order passed by the Task Force Committee.
This writ petition is accordingly disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ALB