IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 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.58031 OF 2018 (GM-MM-S) BETWEEN:
M/s. PURUSHOTTAM STONE CRUSHER R/BY ITS PROPRIETOR SRI S K RAMESH S/O KRISHNEGOWDA SURVEY NO.36/3 AND 37/4 YAREBOREKAVAL VILLAGE - 573 201 HASSAN TALUK AND DISTRICT.
... PETITIONER (BY Dr. J S HALASHETTI, ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF MINES & GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001 R/BY ITS DIRECTOR.
2. THE LICENSING AUTHORITY (DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY) HASSAN DISTRICT HASSAN - 573 201.
R/BY ITS MEMBER SECRETARY 3. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 201.
4. SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY MINERAL DIVISION, HASSAN - 573 201.
5. CHIEF EXECUTIVE ENGINEER CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LTD.
HASSAN - 573 201.
... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP FOR R1-R4) ---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO, QUASH THE IMPUGNED NOTICE DATED: 07.11.2018 ISSUED BY THE R-4 IN SO FAR AS DIRECTING THE PETITIONER TO STOP HIS STONE CRUSHER UNIT, WHICH IS MARKED AS ANNEXURE-D TO THE W.P. AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard Dr. J.S. Halashetti, learned advocate for the petitioner and Shri Vikram Huilgol, learned HCGP for respondents No.1 to 4.
2. Dr.J.S.Halashetti, learned advocate for the petitioner, by filing a Memo of even date, submits that he does not press prayers No.(a) and (b) in the petition. Prayer No.(c) is for a direction to respondent No.3 to consider petitioner’s application for conversion of land to set up a stone crusher unit.
3. Learned advocate for the petitioner and learned HCGP jointly submit that this matter is similar to the decision rendered by this Court in W.P.No.58183/2018 decided on 28.12.2018. Learned HCGP further submits that if a similar direction is issued, the State shall consider the request of petitioner within a period of four weeks. Their submissions are placed on record.
4. In the circumstances, it is directed that petitioner’s application for conversion of land shall be considered by the respondents within a period of four weeks from the date of receipt of a copy of this order.
The petition is accordingly disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca