IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NO.32748 OF 2018 (GM-MM-S) BETWEEN:
SRI S.R.SHRAVAN AGED ABOUT 34 YEARS S/O SRI.S.R.RAVISHANKAR RESIDING AT NO.80 FIRST FLOOR, 1ST MAIN ROAD CHAMARAJPET BENGALURU – 560 018 (BY SMT.ROHINI K.M., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE – 560 001 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT AND CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATORY AUTHORITY BANGALORE URBAN DISTRICT BANGALORE ... PETITIONER 3. SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY 13TH FLOOR, V.V.TOWER AMBEDKAR VEEDHI, BANGALORE (BY SHRI D.NAGARAJ, AGA) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-A DATED 8.6.2018 ANNEXURE-B DATED 4.7.2018 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate for the State.
2. A licence was granted to the petitioner for stone crushing. By the impugned endorsement dated 8th June 2018, the petitioner was directed to abandon the crusher. The challenge in this petition is firstly, on the ground that the Senior Geologist had no power to issue a direction to abandon the crusher. Secondly, the submission is that such an endorsement could not have been issued during subsistence of the licence.
3. The learned Additional Government Advocate, on instructions, states that the State Government proposes to issue a notice to the petitioner to show cause as to why the licence should not be cancelled. He states that the notice will be issued and an appropriate decision will be taken within a period of three weeks from today.
4. It is obvious that as soon as an order is passed on the show cause notice, the order impugned which is of a temporary nature will merge into the order passed on the show cause notice.
5. By accepting the aforesaid statements of the learned Additional Government Advocate, we dispose of the petition. We, however, make it clear that on the failure of the State Government to pass appropriate orders on the show-cause notice within a reasonable period, it will be open for the petitioner to file a fresh petition for challenging the impugned order.
All contentions of the parties are kept open.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB