IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF AUGUST, 2019 PRESENT R THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.22386 OF 2019 (GM-MM-S) BETWEEN :
M/S. VIVEK STONE CRUSHER REP. BY H.D. NAGARAJ AGED ABOUT 64 YEARS R/AT OPP: USHA NURSING HOME 100 FEET ROAD, SHIVAMOGGA-577 201 ... PETITIONER (BY SHRI.R.G.KOLLE, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. THE SECRETARY TO GOVERNMENT DEPT. OF COMMERCE & INDUSTRIES VIKASA SOUDHA, BENGALURU-560 001 3. THE CHAIRMAN, LICENSING AUTHORITY & THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT STONE CRUSHER REGULATION COMMITTEE, SHIVAMOGGA-577 201 4. THE MEMBER SECRETARY & SENIOR GEOLOGIST DEPT. OF MINES & GEOLOGY SHIVAMOGGA DISTRICT SHIVAMOGGA-577 201 5. THE SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, NO.49, PARISARA BHAVAN CHURCH STREET, BENGALURU-560001 6. THE ASSISTANT ENGINEER (E) O/O THE ASSISTANT ENGINEER (E) MESCOM, ABBALAGERE SHIVAMOGGA-577 201 ... RESPONDENTS (BY SHRI.VIKRAM HUILGOL, HCGP FOR R1 TO R4) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-3 DEPUTY COMMISSIONER AS HE CHAIRMAN OF LICENSING AND REGISTRATION AUTHORITY TO RENEW THE LICENSE ISSUED IN FORM-C AT NO.46 DTD:14.11.2013 IN NOTIFIED SAFER ZONE IN PRIVATE PATTA LAND AT SY NO.122 AND 119/2 IN HUNASODU VILLAGE, SHIVAMOGGA TALUK AND DISTRICT PURSUANT TO RENEWAL APPLICATION DT:9.11.2018 FILED BY THIS PETITIONER, FOR ANOTHER TERMS OF 5 YEARS AS PER SEC.5 PRODUCED AT ANNEXURE-B AND E RESPECTIVELY .
THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 06.06.2019, COMING ON FOR PRONOUNCEMENT OF ORDERS, THIS DAY, P.S.DINESH KUMAR J, PRONOUNCED THE FOLLOWING:-
ORDER Petitioner applied for grant of license to run a stone crusher unit. He was initially granted license with effect from 14th November 2013 for a period of three years. On 14th October 2015, the Member Secretary and Senior Geologist, in consonance with the G.O. No.CI 358 MMN 2014 ordered that the said license shall be treated as for a period of five years.
2. Petitioner submitted an application for renewal of license on 9th November 2018. His renewal application has not been considered. Accordingly, he has presented this petition seeking a writ of mandamus directing the third respondent Deputy Commissioner and Chairman of Licensing Authority to renew the license for a further period of five years.
3. Shri.R.G.Kolle, learned Advocate for the petitioner submitted that respondent No.3 has not considered his application for renewal and accordingly prayed for a writ of mandamus to the respondents to consider the same.
4. Shri.V.G.Bhanuprakash, learned AGA for the State submitted that as per Section 4(1) of The Karnataka Regulation of Stone Crushers Act, 2011 (for short ‘the Act’), petitioner was required to file an application for renewal of license three months prior to the expiry of license. He argued that as per Explanation to Section 5 of the Act, the period of license granted to petitioner with effect from 14th November 2013 expired on 31st March 2018 as period between 14th November 2013 and 31st March 2014 has to be recorded as ‘one year’. Admittedly, petitioner has submitted his application on 9th November 2018 which is long after the date of expiry of license. Therefore, this petition does not merit any consideration. Accordingly, he prayed for dismissal of this writ petition.
5. We have carefully considered the rival contentions and perused the records.
6. It is not in dispute that petitioner’s license initially granted with effect from 14th November 2013 for three years was held valid for five years as per communication dated 14th October 2015 (Annexure-C).
7. The explanation to Section 5 of the Act dealing with the ‘Term of license’ reads as follows:
“Explanation.- Where a license has been granted in the middle of a year, for the purpose of computing the term of license, the remaining part of the year shall be deemed to be a year.”
(Emphasis supplied) 8. Therefore, Shri. Bhanuprakash is right in his submission that where a license is granted in the middle of the year, remaining portion shall be deemed to be a year. As per Section 2(l) of the Act, ‘year’ is defined as commencing on the first day of April and concluding on 31st day of March of the succeeding year. Therefore as per the explanation to Section 5 of the Act, the first year ended on 31st March 2014 and the fifth year ended on 31st March 2018. As per Section 4(1) a renewal application is required to be made three months before the expiry of license. Admittedly, application is made on 9th November 2018 which is long after the date of expiry of five year license term.
9. In the circumstances, no writ of mandamus shall lie directing the State to consider petitioner’s application as the application is not in accordance with law.
Resultantly, this petition fails and accordingly it is dismissed.
No costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE SPS