IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY 2017 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE BUDIHAL R.B. WRIT PETITION NO.6901 OF 2017 (GM-MM-S) BETWEEN M/S.N R BUILDERS STONE CRUSHERS OM SAI RAJ NIVAS, 4TH MAIN 2ND CROSS, MAHALAKSHMI LAYOUT TUMKUR-572103 REP BY SRI A C RAJASHEKAR PROPRIETOR ... PETITIONER (BY SRI KESHAVA REDDY M., ADVOCATE) AND 1. GOVERNMENT OF KARNATAKA REP BY PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001 2. THE DIRECTOR OF MINES & GEOLOGY GOVERNMENT OF KARNATAKA KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560 001 3. THE DEPUTY COMMISSIONER TUMKUR DISTRICT AND CHAIRMAN STONE CRUSHERS REGULATION COMMITTEE TUMKUR DISTRICT, TUMKUR-572 101 4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES & GEOLOGY & MEMBER SECRETARY DISTRICT STONE CRUSHERS LICENSING & REGULATION AUTHORITY TUMKUR DISTRICT, TUMKUR-572 101 (BY SRI V G BHANUPRAKASH, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.3 AND 4 TO EXTEND THE VALIDITY OF THE LICENSE ISSUED TO THE PETITIONER IN FORM-C DATED 23.11.2013 VIDE ANNEXURE-A BY ANOTHER TWO YEARS FROM 22.11.2016 TO 23.11.2018.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for the respondent Nos.1 to 4.
2. This writ petition is filed, in substance, seeking for extension of time for running the stone crusher unit upto November 23, 2018, on the strength of the amendment to the Karnataka Regulation of Stone Crushers Amendment Act, 2011 (for short ‘the said Act’), as amended in 2013.
3. Under the original provision of Section 5 of the said Act of 2011, a licence was to be valid for a period of three years, which has, since, been amended to five years.
4. Therefore, Mr.M.Keshava Reddy, learned advocate appearing for the writ petitioner, is right that the writ petitioner is entitled to continue the stone crusher unit upto November 23, 2018.
5. The writ petition is, thus, allowed. The respondent Nos.3 and 4 are directed to extend the validity period of the licence in Form-C till November 23, 2018, within four weeks.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv