IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 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.6611 OF 2019 (GM-MM/S) BETWEEN:
SRI.DINESH SHETTY S/O. SUNDER SHETTY, AGED ABOUT 43 YEARS, R/AT "SANIDYA", YRALAPDY VILLAGE, KUKKANDUR POST, KARKALA TALUK, UDUPI DISTRICT-576 114.
(BY SRI. D. L. N. RAO, SR. ADV. FOR SMT. MAMATHA ROY, ADV.) AND 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE SECRETARY ... PETITIONER DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA, BENGALURU-560 001.
3. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, NO.49, RACE COURSE ROAD, KHANIJA BHAVANA, BENGALURU-560 001.
4. THE DEPUTY COMMISSIONER AND THE CHAIRMAN, DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY, RAJATHADRI, UDUPI-576 104.
5. DISTRICT TASK FORCE COMMITTEE REP THE DEPUTY COMMISSIONER, BEING THE CHAIRMAN, UDUPI DISTRICT, UDUPI-576 104.
6. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, RAJATHADRI "A" BLOCK, MANIPAL, UDUPI DISTRICT, UDUPI-576 104.
... RESPONDENTS (BY SRI. VIKRAM HUILGOL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 07.12.2018 PASSED BY THE R-6 VIDE ANNEXURE-A AND A CONSEQUENTIAL WRIT OF MANDAMUS DIRECT THE R-4 TO RENEW THE STONE CRUSHER LICENSE OF THE PETITIONER FOR A FURTHER PERIOD OF FIVE YEARS PURSUANT TO THE RENEWAL APPLICATION OF THE PETITIONER DTD:21.5.2018 PER ANEXURE-M IN ACCORDANCE WITH LAW; QUASH THE ORDER DTD:20.1.2018 PASSED BY THE R-6 VIDE ANENXURE-B.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER Notice dated 20.01.2018 issued by the 6th respondent is assailed in this writ petition. Petitioner is also challenging rejection of his application dated 21.05.2018 made for renewal of his licence of stone crusher unit. The said application was rejected on the basis of report received by Lokayukta pursuant to the application made by one Sri Suresh Devadiga alleging that quarrying operations are conducted in the deemed forest area.
2. Learned HCGP submits that during pendency of this petition, impugned notice at Annexure-B dated 20.01.2018 has been withdrawn.
3. Submission of the learned HCGP is placed on record. In view of withdrawal of impugned notice at Annexure-B dated 20.01.2018, application made by the petitioner for renewal of his stone crusher unit licence is required to be considered. Hence, we direct the respondents to consider the application made by the petitioner vide Annexure-M dated 21.05.2018 in accordance with law and pass appropriate orders on the same within a period of six weeks from the date of receipt of a copy of this order.
Application, if any is made by the petitioner for mineral dispatch permit, it is for the respondents to consider the same and pass appropriate orders in accordance with law.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VP