IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF MAY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.13630 OF 2016 (GM-MM-S) BETWEEN :
M/S. RENUKADEVI STONE CRUSHER REPRESENTED BY ITS PROPRIETOR BASAVARAJ K. BOMBLE AGED ABOUT 42 YEARS AT POST: KERUR BADAMI TALUKA PIN : 587 203 BAGALKOT DISTRICT ... PETITIONER (BY MR.R.G.KOLLE, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT VIDHANA SOUDHA BENGALURU – 560 001 2. THE SECRETARY TO GOVERNMENT DEPT. OF COMMERCE & INDUSTRIES GOVT. OF KARNATAKA, VIKAS SOUDHA BENGALURU – 560 001 3. THE CHAIRMAN & DEPUTY COMMISSIONER THE DISTRICT STONE CRUSHERS LICENSING & REGULATION AUTHORITY BAGALKOT DISTRICT BAGALKOT – 587 103 4. THE MEMBER SECRETARY & DEPUTY DIRECTOR THE DISTRICT STONE CRUSHERS LICENSING & REGULATION AUTHORITY DEPARTMENT OF MINES & GEOLOGY NO.63/A, BRINDAVAN SECTOR NAVANAGAR, BAGALKOT BAGALKOT – 587 102 5. THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD SECTOR NO.7, BYPASS ROAD NAVANAGAR BAGALKOT – 587 102 ... RESPONDENTS (MR.V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4 MR.I.G.GACHCHINAMATH, ADVOCATE FOR RESPONDENT NO.5) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash or set aside the final notice dated 10.2.2016 issued by the respondent No.4 Deputy Director, demanding Rs.16,52,700/- being five times the normal royalty payable @ Rs.60/- per metric ton, for having stored nearly 5509 mt. of processed mineral (stone crushed material), in the licensed premises of stone crusher unit bearing license No.19/2013 issued in Form – C, in survey No.101/4, area 1-00-00 (A-G-A) of Narenoor village in Badami taluk, Bagalkot district, vide Annexure-D.
This petition coming on for preliminary hearing this day, THE CHIEF JUSTICE made the following:
ORDER By filling this writ petition, the final notice dated February 10, 2016, has been impugned.
2. It is alleged that unauthorisedly building stone material are stocked in the crusher unit of the writ petitioner.
3. The writ petitioner submitted a representation raising the jurisdiction of the Deputy Director, Department of Mines and Geology, Bagalkot, to issue the notice and, also, submitted that he has not stocked the building stone material, unauthorisedly.
4. The representation was considered, but, it was rejected with the finding ‘is not proper’. There is no reason in support of the order. An order without reason has no meaning.
5. Therefore, we set aside the final notice dated February 10, 2016, and direct the Deputy Director, Department of Mines and Geology, Bagalkot, to consider the representation of the writ petitioner afresh after giving opportunity of hearing to the writ petitioner or his representative. He shall, also, consider as to whether he has the jurisdiction over the matter or not.
6. The writ petition stands disposed of.
7. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV