IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.39994 OF 2016 (GM-MM-S) BETWEEN SRI CHANDRASHEKARAIAH S/O LATE B C RAMAIAH, AGED ABOUT 67 YEARS, CLASS - I CIVIL CONTRACTOR & PROPRIETOR, M/S SREE ANNAPOORNESHWARI JELLY UDYAM, R/O # 746/E, 6TH CROSS, 13TH MAIN, NEW SARASWATHI PURAM, MYSURU - 570 009.
(BY SRI P MAHESHA, ADVOCATE) AND ... PETITIONER 1. THE DEPUTY COMMISSIONER & CHAIRMAN DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY, MANDYA DISTRICT, MANDYA - 571 401.
2. THE STATE OF KARNATAKA DEPARTMENT OF MINES AND GEOLOGY, KANIJA BHAVAN, RACE COURSE ROAD, BANGALORE - 560 001 BY ITS DIRECTOR.
3. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, 4TH AND 5TH FLOOR, NO. 49, CHURCH STREET, BANGALORE - 560 001 REPRESENTED BY ITS CHAIRMAN.
4. THE MANAGING DIRECTOR CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, NO. 927, NEW KANTHARAJAURS ROAD, KUVEMPU NAGAR, MYSORE - 570 023.
5. THE ASSISTANT EXECUTIVE ENGINEER CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY, (O&M) SUB DIVISION, PANDAVAPURA DIVISION - 571 435 MANDYA DISTRICT.
... RESPONDENTS (BY SRI V G BHANUPRAKASH, AGA, FOR R-1 & R-2; SRI GURURAJ JOSHI, ADVOCATE FOR R-3;
SRI GURUDEV I GACHCHINMATH, ADVOCATE FOR R-4 AND R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONSIDER THE APPLICATION FILED BY THE PETIITONER TO DECLARE THE SAFER ZONE TO SETUP STONE CRUSHER UNIT NAMED AS ' SRI. ANNAPOORNESHWARI JALLI UDYAMA, SITUATED AT SY.NO.102/P2 OF SHAMBU HALLI VILLAGE, PANDAVAPURA TALUK, MANDYA DISTRICT VIDE ANNEX-C, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Mr.V.G.Bhanuprakash, learned additional government advocate, appears for the respondent nos.1 and 2. Mr.I.G.Gachchinmath, learned advocate, appears for the respondent nos.4 and 5.
2. After hearing the learned advocates for the parties, we dispose of the writ petition by directing the Deputy Commissioner, Mandya District, who is, also, the chairman of the District Stone Crushers’ Licensing and Regulation Authority, to call for a meeting of the said Authority and consider the application for establishment of a stone crusher unit by the writ petitioner within two months, after giving an opportunity of hearing to the writ petitioner or his representatives.
3. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*