IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NOS.1188/2019 and 3095/2019 C/w W.P. Nos.19777-19778/2018 IN WRIT PETITION NOS. 1188/2019 AND 3095/2019 BETWEEN:
1. M/S RENUKAMBA STONE CRUSHERS ULLURU VILLAGE, KUNDAPURA, REPRESENTED BY ITS PARTNER SRI SUBHASH CHANDRA SHETTY, S/O KARUNAKARA SHETTY, AGED ABOUT 47 YEARS, HOLMAGE, HAKLADI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576 101.
2. SRI SUBHASH CHANDRA SHETTY S/O KARUNAKARA SHETTY, AGED ABOUT 47 YEARS, HOLMAGE, HAKLADI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576 101. ... PETITIONERS (BY SRI VISHWAJITH SHETTY. S, ADVOCATE) AND:
1. THE STATE GOVERNMENT REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF MINES AND GEOLOGY, MULTISTORIED BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT MANIPAL, UDUPI TALUK & DISTRICT-576 104.
3. THE DEPUTY COMMISSSIONER UDUPI TALUK & DISTIRCT-576 101.
4. THE TAHASILDAR KUNDAPURA TALUK UDUPI DISTRICT-576 201.
5. B. RATHNAKARA SHETTY S/O KRISHNAIAH SHETTY, AGED ABOUT 58 YEARS, MADHUNABALA HOUSE, ULLOOR-74 POST & VILLAGE, UDUPI TALUK AND DISTRICT-576 229 RESPONDENTS (BY SRI. BHANUPRAKASH V.G., AGA FOR R1 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R-3 AND 4 WHICH ULTIMATELY RESULTED IN ISSUING THE RESOLUTION/MEETING PROCEEDINGS ANNEXURE-A DATED 5.3.2018 ISSUED BY THE R-3 AND THE ORDER/PROCEEDINGS ANNEXURE-B DTD. 13.12.2018 ISSUED BY THE R-4 AND ETC., IN WRIT PETITION NOS. 19777-778/2018 BETWEEN:
1. M/S RENUKAMBA STONE CRUSHERS ULLURU VILLAGE, KUNDAPURA, REPRESENTED BY ITS PARTNER SRI SUBHASH CHANDRA SHETTY, S/O KARUNAKARA SHETTY, AGED ABOUT 47 YEARS, HOLMAGE, HAKLADI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576 101.
2. SRI SUBHASH CHANDRA SHETTY S/O KARUNAKARA SHETTY, AGED ABOUT 47 YEARS, HOLMAGE, HAKLADI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT-576 101. ... PETITIONERS (BY SRI VISHWAJITH SHETTY. S, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF MINES & GEOLOGY, M.S. BUILDING, BENGALURU-560 001.
2. THE SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT MANIPAL, UDUPI TALUK & DISTRICT-576 101.
3. THE DEPUTY COMMISSSIONER UDUPI TALUK & DISTIRCT-576 101.
4. THE ASSISTANT COMMISSIONER UDUPI TALUK AND DISTRICT-576 101.
5. THE DEPUTY DIRECTOR DEPARTMENT OF LAND RECORDS, UDUPI TALUK AND DISTRICT-576 101.
6. THE TAHASILDAR KUNDAPURA TALUK, UDUPI DISTRICT-576 101.
7. THE ENVIRONMENT OFFICER POLLUTION CONTROL BOARD, UDUPI TALUK AND DISTRICT-576 101.
8. THE ASSISTANT EXECUTIVE ENGINEER(V), MESCOM, SHANKARANARAYANA, UDUPI TALUK AND DISTRICT-576 101.
9. B. RATHNAKARA SHETTY S/O KRISHNAIAH SHETTY, AGED ABOUT 58 YEARS, MADHUNABALA HOUSE, ULLOOR-74 POST & VILLAGE, UDUPI TALUK AND DISTRICT-576 229 RESPONDENTS (BY SRI. BHANUPRAKASH, AGA FOR R1 TO R6; SRI. NATARAJ T., ADVOCATE FOR R7;
SRI. R. PADMANABHA, ADVOCATE FOR R9) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORD WILL UTLIMATELY RESULTED IN ISSUING NOTICES VIDE ANNEUXRE-A & B AND MEETING PROCEEDINGS VIDE ANNEXURE-N BY THE R-2 AND 3 RESPECTIVELY AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. The petitioners in these writ petitions claim to be owners of patta land bearing Survey No.153/P2P6 of Ullooru village, Kundapura Taluk, Udupi. They had submitted an application for grant of licence to quarry and establish a Stone Crushing Unit. A quarrying licence was granted in favour of 2nd petitioner for the period from 16.11.2015 to 15.11.2020. It is submitted that before granting such licence, a joint survey was conducted on 02.02.2015. Thereafter, it appears 5th respondent initiated certain proceedings with regard to the boundaries of the land in question.
3. The Deputy Commissioner, on a complaint filed by 5th respondent, without issuing notice to the petitioners, got the property surveyed and after obtaining unilateral report, recorded in the minutes of meeting presided over by him that there is overlapping of boundaries with the adjacent land to the extent of 0.19 acre. The said proceedings dated 05.03.2018 are impugned in these writ petitions.
4. Sri. Vishwajith Shetty S., learned Advocate for petitioners submits that so far as veracity of the second report is concerned, the same is subject to outcome of Appeal No.5/18-19 filed by the petitioners on 18.12.2018 before the Assistant Commissioner, Kundapura. He submits that the petitioners will be satisfied if the said appeal is disposed of at an early date so that the controversy so far as the alleged overlapping of boundaries of adjacent land if any, shall be put at rest.
5. Sri. V.G.Bhanuprakash, learned AGA for the State has no objection.
6. Having heard the learned Advocates for the parties, we are of the view that the request made on behalf of the petitioners is just and proper. In the circumstance, the Assistant Commissioner, Kundapura is directed to hear and dispose of the appeal filed on 18.12.2018 as per Annexure–U, as expeditiously as possible and in any event, within an outer limit of three months from the date of receipt of a copy of this order. Accordingly, W.P. Nos. 1188/2019 & 3095/2017 are disposed of.
7. With the disposal of W.Ps.No.1188/2019 & 3095/2017, the prayers made in W.Ps.No.19777- 19778/2018 do not survive for consideration and consequently, the said petitions are also disposed of.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VBS