IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 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.47942/2018 (GM – MM -S) BETWEEN:
SRI PRAKASH BASAVARAJ ALUR S/O BASAVARAJ @ BASAVANTHAPPA AGED ABOUT 49 YEARS, PROPRIETOR OF M/S SHUBHAM STONE CRUSHER R/O SHUBALAYA NILAYA, OPP ITI COLLEGE SOLAPUR ROAD, VIJAYAPUR VIJAYAPUR DISTRICT - 586 101. ... PETITIONER (BY SRI S. Y. SHIVALLI, ADV.) AND:
1.STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKASA SOUDHA DR B.R.AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY.
2.DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY, VIJAYAPUR TAL & DISTRICT:
VIJAYAPUR - 586 101.
3.THE COMMANDANT INDIAN RESERVE BATTALION, VIJAYAPURA-586101 ... RESPONDENTS (BY SRI V.G. BHANUPRAKASH, AGA FOR R1 & 2 R-3 SERVED) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS DATED 18.08.2018 HELD IN THE DISTRICT TASK FORCE COMMITTEE IN THE CHAIRMANSHIP OF DEPUTY COMMISSIONER AND LICENSING AUTHORITY, STONE CRUSHER REGULATING AUTHORITY, VIJAYPUR IN SO FAR AS RESOLVING THAT NOT TO ISSUE C FORM IN FAVOUR OF THE PETITIONER IS CONCERNED, AS BEING ARBITRARY, ERRONEOUS AND CONTRARY TO THE LAW EQUITY AND JUSTICE (ANNEXURE-L);
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, P.S.DINESH KUMAR J, MADE THE FOLLOWING:
ORDER This writ petition is presented seeking writ of certiorari to quash proceedings of Task Force Committee held on 18.08.2018 resolved not to issue C Form to petitioner on the ground that crushing unit falls within 100 meters from the road. The Assistant Commissioner, Vijayapur by communication dated 14.08.2018 conveyed to the Deputy Commissioner that some houses are existing in the nearby area. Based on the said communication it has been resolved not to issue C Form to the petitioner.
2. Shri S.Y. Shivalli, learned advocate appearing for petitioner contends that all clearances including clearance from the Revenue Authority have been received by the Task Force Committee. However, the Task Force Committee taking note of the aforesaid communication by the Assistant Commissioner has resolved against petitioner and the same is not in accordance with law. Accordingly, he prays to allow this writ petition and direct respondents to issue C Form.
3. Shri Bhanuprakash V.G., learned AGA argues in support of Annexure-L. However, to a query made by us, we are informed by the learned AGA that when the matter was placed before the Task Force Committee, all clearance were received. If that be so, we fail to understand how the communication from the Assistant Commissioner surfaced, based on which the Task Force Committee has resolved not to issue C Form to the petitioner. In the circumstances, resolution of the Task Force Committee insofar as petitioner’s case is concerned is unsustainable.
4. Accordingly, impugned proceedings dated 18.08.2018 as per Annexure-L are quashed so far as petitioner’s case is concerned and respondents are directed to issue C Form to the petitioner. We direct compliance of this order in eight weeks.
Accordingly, writ petition is disposed of. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE HR