IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MAY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.8622 OF 2019 (GM-MM-S) BETWEEN:
RAJATH STONE CRUSHER SITUATED AT SUVERY NUMBER 39/P39 KANIVE NARAYANAPURA CHIKKABALLAPURA DISTRICT REP BY ITS PROPRIETOR SRI. A ANANDA GOWDA S/O. ANJINAPPA AGE: ABOUT 42 YEARS R/AT NO. 192, HOSAHALLI VILLAGE JALA HOBLI HUNASAMARANAHALLI POST BENGALURU NORTH TALUK BENGALURU – 562 157.
... PETITIONER (BY SHRI. MURTUZA ALI BAIG, ADVOCATE FOR SHRI. RAHAMATHULLA KOTHWAL, ADVOCATE) AND:
1. THE STATE GOVERNMENT OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES, SMALL SCALE INDUSTRIES & TEXTILES) VIKASA SOUDHA BENGLAURU – 560 001.
REP BY ITS PRINCIPAL SECRETARY 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO. 49, KHANIJA BHAVAN RACE COURSE ROAD BENGLAURU – 560 001.
3. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA AND THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
4. THE DEPUTY CONSERVATOR OF FOREST DEPARTMENT OF FOREST CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA. AND THE MEMBER DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
5. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB DIVISION CHIKKABALLAPURA AND MEMBER SECRETARY, DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
6. THE SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN NO. 49, CHURCH STREET CHIKKABALLAPURA – 562 101. AND MEMBER SECRETARY DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
7. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY ROOM NO. S.A. 10, 2ND FLOOR JILLADALITHA BHAVANA, PATRENAHALLI, CHIKKABALLAPURA – 562 101 AND MEMBER SECRETARY DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101.
…RESPONDENTS ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PART OF THE ORDER THAT IT RELATES TO ISSUING FORM-C IN REDUCING THE TERM OF LICENCE BY DESCRIBING THE VALIDITY OF TERM OF LICENCE AS "29.12.2014 TO 31.03.2019" INSTEAD OF AND AS AGAINST "29.12.2014 TO 28.12.2019" IN ACTING ARBITRARY, WHIMSICAL AND FANCIFUL MANNER WITHOUT COMPREHENDING THE SCOPE AND PROVISION OF SECTION 5 OF THE KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 FOR CRUSHING THE STONE OVER PETITION SCHEDULE PROPERTY THEREBY CAUSING TREBLE DAMAGES NOT ONLY TO THE STATE EXCHEQUER BUT ALSO TO THE PETITIONER, VIDE "ANNEXURE-"J" AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER In view of what is stated in the memorandum dated 10th April 2019, the petition is dismissed as withdrawn.
Sd/- CHIEF JUSTICE Sd/- JUDGE SN