IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE M. NAGAPRASANNA WRIT PETITION No.26259 OF 2019 (GM-MM-S) BETWEEN:
M/S VALACHAND K. SHAH REPRESENTED BY ITS MANAGING DIRECTOR, JAYAVANT SON OF VALCHAND SAHAH , AGED ABOUT 57 YEARS, OCCUPATION: BUSINESS, RESIDENT OF # 689, SANJAYANAGAR, NIPPANI, TALUK AND DISTRICT BELAGAVI.
... PETITIONER (BY SRI S.Y.SHIVALLI , ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA , BENGALURU – 560 001.
2. THE DIRECTOR / COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY, KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU – 560 001.
3. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, APMC ROAD, SANGAMESHWARA NAGARA, BELAGAVI – 590 001.
... RESPONDENTS (BY SRI Y.H.VIJAY KUMAR, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.3 TO REMOVE / DELETE NOTE NO.7 AT PAGE NO.2 INSERTED IN THE NOTIFICATION DATED 29.05.2018 ISSUED BY RESPONDENT NO.3 AND ALSO DIRECT RESPONDENT NO.3 TO REMOVE / DELETE THE NOTE I.E., “PERMISSION IS GIVEN TO CARRY ON MINING ACTIVITIES WITHOUT BLASTING” PUT ON THE FRONT PAGE OF QUARRYING LICENSE BOOK NO.DMG/DD/BGB/QL NO.1732/2019-2020 IN FORM – E DATED 12.04.2019 AS BEING ARBITRARY, ERRONEOUS AND CONTRARY TO LAW |(ANNEXURES – E AND F) ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER In view of the memo dated 13.12.2019 filed by the learned counsel for the petitioner today in the Court, the petition is dismissed as withdrawn, with liberty to approach the respondents – authorities in the manner known to law.
Sd/- JUDGE Sd/- JUDGE nvj