IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY 2017 PRESENT THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE BUDIHAL R.B. WRIT PETITION NO. 25114 OF 2016 (GM-MM-S/PIL) BETWEEN 1. SRI B RATHNAKARA SHETTY AGED ABOUT 57 YEARS S/O LATE S KRISHNAIAH SHETTY "SAHANA", MADHURABALU HOUSE POST & VILLAGE-ULLOOR-74 KUNDAPURA TALUK UDUPI DISTRICT-PIN 576 229 2. SRI A SRINIVASA SHETTY AGED ABOUT 64 YEARS S/O LATE H. MUTTAIAH SHETTY MADHURABALU HOUSE POST & VILLAGE-ULLOOR-74 KUNDAPURA TALUK UDUPI DISTRICT-PIN 576 229 3. SRI GOVINDA NAIK AGED ABOUT 64 YEARS S/O LATE SHEENA NAIK BEDUKODLU HOUSE POST & VILLAGE-ULLOOR-74 KUNDAPURA TALUK UDUPI DISTRICT-PIN 576 229 4. SRI GOPAL NAYAKA AGED ABOUT 41 YEARS S/O LATE SANKA NAYAKA MADHURABALU HOUSE POST & VILLAGE-ULLOOR-74 KUNDAPURA TALUK UDUPI DISTRICT-PIN 576 229 5. SRI JAYAKARA SHETTY AGED ABOUT 52 YEARS S/O LATE S.KRISHNAIAH SHETTY "GOURAVA", MADHURABALU HOUSE POST & VILLAGE-ULLOOR-74 KUNDAPURA TALUK UDUPI DISTRICT-PIN 576 229 (BY SRI SHAKEEL AHAMED, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560 001 2. THE DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATHADRI MANIPAL-576104, UDUPI DISTRICT 3. THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, NO.49 CHURCH STREET BENGALURU-560 001 4. UDUPI DISTRICT STONE CRUSHERS LICENCING AND REGULATION AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY RAJATHADRI, MANIPAL, UDUPI-576 104 5. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATHADRI, MANIPAL-576 104 UDUPI DISTRICT 6. THE DEPUTY CONSERVATOR OF FOREST MANGALORE CIRCLE, ALAPE-PADEEL MANGALURU-575 007 7. THE KARNATAKA STATE POLLUTION CONTROL BOARD ... PETITIONERS REGIONAL OFFICE-UDUPI INDUSTRIAL AREA, SHIVALLI MANIPAL-576 104 UDUPI DISTRICT 8. THE ASSISTANT COMMISSIONER KUNDAPURA SUB-DIVISION KUNDAPURA-576 201 UDUPI DISTRICT 9. SRI SUBASHCHANDRA SHETTY AGED ABOUT 52 YEARS S/O SRI KARUNAKARA SHETTY M/S. RENUKAMBA STONE CRUSHERS HOLMAGE, POST HAKLADI VILLAGE-576235 KUNDAPURA TALUK UDUPI DISTRICT ... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA FOR R-1, 2, 4, 5, 6 & 8; SRI GURURAJ JOSHI, ADVOCATE FOR R-3;
SRI S VISHWAJITH SHETTY, ADVOCATE FOR R-9; R-7 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 6.2.2015 ISSUED BY RESPONDENT NO.2 AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The writ petitioners are aggrieved as a licence for running a stone crusher unit has been granted in favour of the respondent No.9. It is alleged that the land is in the safer zone and norms are not followed.
2. The writ petitioners have alternative and efficacious remedy of an appeal under Section 15 of the Karnataka Regulation of Stone Crushers Act, 2011.
3. We are, therefore, not inclined to entertain the writ petition.
4. The writ petition is dismissed.
5. However, it shall be open to the writ petitioners to approach the Regional Commissioner in appeal and if such an appeal is filed, the Regional Commissioner shall consider it, in accordance with law.
6. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE bkv