IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.28357/2017 (GM-MM-S) BETWEEN :
SANTOSHKUMAR I PATIL S/O IRANGOUDA PATIL AGED ABOUT 35 YEARS M/S. LUCKY ARTIFICIAL SAND INDUSTRIES AT KOTIHAL VILLAGE RANEBENNUR TALUKA-581 115 HAVERI DISTRICT ... PETITIONER (BY SRI R.G.KOLLE, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU BENGALURU-560 001 2. THE PRINCIPAL SECRETARY TO GOVT. DEPARTMENT OF COMMERCE & INDUSTRIES VIKAS SOUDHA, BENGALURU BENGALURU-560 001 3. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT STONE CRUSHER LICENSING & REGULATION AUTHORITY HAVERI DISTRICT HAVERI-581 110 4. THE SENIOR GEOLOGIST & MEMBER SECRETARY DISTRICT STONE CRUSHER LICENSING & REGULATION AUTHORITY P.B.ROAD, HAVERI -581 110 5. THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD P.B. ROAD, HAVERI-581 110 6. THE REGIONAL COMMISSIONER OFFICE OF THE REGIONAL COMMISSIONER BELAGAVI-590 001 ... RESPONDENTS (BY SRI V.G.BHANUPRAKASH, AGA FOR R-1 TO 4 & 6; SRI GURURAJ JOSHI, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE SUSPENSION ORDER DATED 17.6.2017 AT ANNEXURE-A PASSED BY RESPONDENT NO.3 SUSPENDING THE RECENTLY RENEWED UNDATED LICENSE BEARING NO.1/2016-17 AT ANNEXURE-B ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Heard. This writ petition is directed against the order dated 17.6.2017 passed by respondent no.3 -Licensing Authority under the Karnataka Regulation of Stone Crushers Act, 2011 (‘the Act’ for short).
2. Learned Additional Government Advocate submits that an appeal is provided under Section 15 of the Act against the impugned order. Hence, we decline to entertain this writ petition with liberty to the petitioner to avail of the statutory remedy available under the Act, in accordance with law.
Petition disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE bkv