IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 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.11176 OF 2019 (GM-MM-S) BETWEEN SRI B N SRINIVAS PROP: M/S PANCHAMI STONE CRUSHER, SY. NO. 15/2, KANIVENARAYANAPURA VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT-562101.
... PETITIONER (BY SRI. NAVEEN CHANDRA .N, ADV.,) AND 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGLAURU, BENGLAURU 560001 2. THE SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU BENGALURU 560001.
3. THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR 562101.
4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES & GEOLOGY, CHIKKABALLAPUR 562 101.
5. THE SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, NO. 49, CHURCH STREET, BENGLAURU 560001 ... RESPONDENTS (BY SRI. BHANUPRAKASH V.G. – AGA FOR R-1 TO R-4) *** THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3 – DEPUTY COMMISSIONER AND CHAIRMAN OF LICENSING AUTHORITY TO EXTEND THE VALIDITY PERIOD OF LICENCE IN FORM-C DATED 29.09.2014 OF THE PETITIONER IN NOTIFIED SAFER ZONE OVER AN AREA OF 3.16 ACRES IN SY.NO.15/2 OF KANIVENARAYANAPURA VILLAGE OF CHIKKABALLAPURA TALUK AND DISTRICT UPTO A PERIOD OF 31.03.2020 IN TERMS OF LICENCE IN FORM-C, PRODUCED AT ANNEXURE-A;
DIRECT R-3 - DEPUTY COMMISSIONER AND CHAIRMAN, DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY TO RENEW THE LICENCE FOR FURTHER FIVE YEARS UPTO A PERIOD FROM 01.04.2020 TO 31.03.2025 IN PURSUANCE OF THE RENEWAL APPLICATION DATED 03.12.2018, PRODUCED AT ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE ACTING CHIEF JUSTICE, PASSED THE FOLLOWING:
O R D E R The prayer of the petitioner is for a writ of mandamus to the third respondent – Deputy Commissioner and Chairman, Licensing Authority, to extend the validity period of licence in Form-C bearing No. 42/MINS/CR/3036/14-15 dated 29.09.2014 issued to the petitioner, in Notified Safer Zone, over an area of 3.16 acres in Sy.No.15/2 of Kanivenarayanapura village, Chikkaballapur Taluk and District, upto 31.03.2020.
2. The learned AGA submits that period of 5 years expires on 28.09.2019 and as per corrigendum dated 12.03.2019, petitioner’s case has been considered for the period upto 31.12.2019.
3. In reply, the learned counsel for the petitioner submits, that the financial year 2019-20 commences from 01.04.2019 and ends on 31.03.2020. Therefore, the date of expiry shall be 31.03.2020.
4. Learned AGA fairly submits that it is only a typographical error and that would be corrected within a period of four weeks.
5. We have considered the submissions of the learned counsel on both sides and have gone through the corrigendum dated 12.03.2019, in which the case of the petitioner has been considered for five years and mentioning the date of expiry as 31.12.2019 is only a typographical error which requires to be rectified. Recording the submission of learned AGA that correction shall be made within a period of four weeks, this writ petition is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE Mgn/-