IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH 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.18864 OF 2019 (GM-MMS) BETWEEN:
M/S. SAI INDUSTRIES NO.185, NANDALIKE VILLAGE BELMAN POST, KARKALA TALUK UDUPI DISTRICT – 574 113 REPRESENTED BY ITS PARTNER SRI SYED RIHAN S/O. ABDUL RASHEED R/AT RIHAB RIZWAN 76TH B BETTU, M.M.TEMPLE ROAD BAILORE, UDUPI DISTRICT – 576 101. ... PETITIONER (BY SRI UDAYA PRAKASH MULIYA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA BENGALURU – 560 001.
2. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY NO.49, RACE COURSE ROAD KHANIJA BHAVANA BENGALURU – 560 001.
3. DISTRICT TASK FORCE COMMITTEE REPRESENTED BY THE DEPUTY COMMISSIONER BEING THE CHAIRMAN UDUPI DISTRICT UDUPI – 576 104.
4. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI A BLOCK MANIPAL, UDUPI DISTRICT UDUPI – 576 104. … RESPONDENTS (BY SRI BHANUPRAKASH V.G., AGA) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.02.2019 PASSED BY THE R-5 VIDE ANNEXURE-A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER Petitioner was issued with a license for establishment of a stone crusher unit. After expiry of validity of the license, the petitioner made an application for renewal of license. The Senior Geologist, Department of Mines and Geology, Manipal, Udupi District issued the endorsement dated 13.02.2019 asking the petitioner to stop the crushing activities on the ground that the stone crushing area falls within the ‘deemed forest area’. Petitioner has filed this writ petition seeking to quash the said endorsement.
2. Shri Udaya Prakash Muliya, learned advocate for the petitioner submits that on a complaint made to the Registrar, Karnataka Lokayuktha, a joint inspection has been conducted and it is found that the lands in respect of which quarrying leases have been executed or permission granted to establish crushing unit in Karkala Taluk, Udupi District, fall outside the ‘deemed forest area’. It is further submitted that this Court, in a similar case in W.P.No.6894/2019 disposed of on 15.04.2019 has directed the respondents to consider the application of the petitioner therein. Hence, it is submitted that the impugned endorsement is unsustainable in law.
3. Shri V.G. Bhanuprakash, learned Additional Government Advocate does not dispute the above fact.
4. In the circumstances, respondent authorities are directed to consider petitioner’s application for renewal of license in accordance with law within a period of six weeks from the date of receipt of a copy of this order. In case, the application for renewal is considered in favour of the petitioner, consequentially, electricity connection shall be restored.
The writ petition is accordingly disposed of. No costs.
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ACTING CHIEF JUSTICE Sd/- JUDGE *ALB/-
LNSJ & PSDJ : W.P. No.18864/2019 12.07.2019 ORDER ON I.A. NO.2/19 This writ petition was disposed of on 26.04.2019 based on the submission made by the learned AGA that the area in question is not a deemed forest as per the Lokayuktha report. Accordingly, a direction was issued to consider petitioner’s application for renewal of license within a period of six weeks from the date of receipt of a copy of the order.
Learned Advocate for petitioner submits that he has also sought for consideration of his application for establishment of a stone crusher unit.
Shri.V.G.Bhanuprakash, learned AGA submits that both the applications for renewal of license as well as the establishment of stone crusher unit shall be considered by the respondents.
His submission is placed on record. Accordingly, it is ordered that respondents shall consider petitioner’s request for stone crusher unit also.
Sd/- JUDGE SPS Sd/- JUDGE