IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 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.8620 OF 2019 (GM-MM-S) BETWEEN:
S.S.S. BLUE METALS LOCATED IN SURVEY NUMBER 148 KANIVE NARAYANAPURA CHIKKABALLAPURA DISTRICT REPRESENTED BY ITS PROPRIETOR SRI SRINIVASULU REDDY S/O LATE KRISHNA REDDY RESIDING AT NO.459 WARD NO.18 CHIKKABALLAPURA – 562 101.
... PETITIONER (BY SRI R. KOTHWAL, ADVOCATE) AND:
1. THE STATE GOVERNMENT OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, (MINES, SMALL SCALE INDUSTRIES & TEXTILES) VIKASA SOUDHA BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001.
3. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA AND THE CHAIRMAN, DISTRICT STONE CRUSHER LICENSING & 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 & 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 & 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 CRUSHERS 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 THAT PART OF THE ORDER THAT IT RELATES TO ISSUING FORM- IN REDUCING THE TERM OF LICENCE BY DESCRIBING THE VALIDITY OF TERM OF LICENCE AS “10-02-2015 TO 31-03-2019” INSTEAD OF AND AS AGAINST “10-02-2015 TO 09-02-2020” 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, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER Learned counsel for the petitioner has filed a memo seeking permission to withdraw the writ petition.
Memo is taken on record.
Writ petition is dismissed as withdrawn.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca