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Karnataka High Court

Basanagouda S/O Sanganagouda vs The State Of Karnataka Rep on 13 August, 2012

Bench: Chief Justice, Aravind Kumar

                              1
     IN THE HIGH COURT OF KARNATAKA AT BANGALORE
            Dated this the 13th day of August, 2012
                          PRESENT
       THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
                             AND
          THE HON'BLE MR.JUSTICE ARAVIND KUMAR
            WP Nos.24043-24053 /2012 (GM-MMS)


BETWEEN :

1.     BASANAGOUDA S/O SANGANAGOUDA
       AGED ABOUT 28 YEARS,

2.     GUDAPPA S/O SIDAPPA YADAGODI
       AGED ABOUT 50 YEARS,

3.     SRI JAYAPPA S/O MALLAPPA
       MAGANOOR, AGED ABOUT 42 YEARS,

4.     MARUTHI S/O RUDRAPPA ANGADI
       AGED ABOUT 26 YEARS,

5.     UMESH YADAGODI
       AGED ABOUT 32 YEARS,

6.     PRAKASH
       S/O SHANKRAPPA DYAMANNANAVAR
       AGED ABOUT 33 YEARS,

7.     KHANNAPPA S/O RAMAPPA
       CHALAGERE, AGED ABOUT 32 YEARS,

8.     SHANKRAPPA S/O BASAVANTHAPPA
       DHNAGONDI,AGED ABOUT 32 YEARS,

9.     MAHADEVAPPA S/O KARBASAPPA
       INGALAGONDI, AGED ABOUT 28 YEARS,

10.    MALLAPPA S/O THIPPANNA
       BHARAMABHOVI, AGED ABOUT 26 YEARS,
                            2
11.   PRAKASH S/O RUDRAPPA
      KOTAGIMANI, AGED ABOUT 26 YEARS,

      ALL ARE AGRICULTURISTS,
      R/AT HOLEHANVERI
      VILLAGE TALUQ, RANEBENNUR,
      DISTRICT HAVERI.
                                          ... PETITIONERS
(By Sri S S KOTI, ADV.,)

AND :

1.    THE STATE OF KARNATAKA
      REPRESENTED BY PRINCIPAL SECRETARY
      COMMERCE AND INDUSTRIES
      VIKAS SOUDHA,
      BANGALORE

2.    THE DIRECTOR OF MINES AND GEOLOGY
      KHANIJA BHAVAN,
      RACE COURSE ROAD,
      BANGALORE.

3.    THE ASSISTANT EXECUTIVE ENGINEER
      PUBLIC WORKES DEPARTMENT AND
      INLAND AND WATER TRANSPORT
      SUBDIVISION
      RANEBENNUR
                                         ... RESPONDENTS
(By Sri R.G. KOLLE, AGA)


    THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT R1 TO R3 TO EXTEND THE REASONABLE PERIOD OF
20 DAYS AND TO ISSUE THE PERMITS TO LIFT AND
TRANSPORT THE STOCKED SAND.


     THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
                               3
                          ORDER

VIKRAMAJIT SEN, C.J. (Oral) :

Keeping in view the fact that penalties have been paid by each of the petitioners for the illegal stocking of sand in their own patta lands, and that the time permitted by the respondents for removal/transportation of sand has expired, we direct the respondents to issue an MDP to each of the petitioners for the validity of 15 days from today. Since there is a large quantity of sand, individual Trip Sheets shall be issued wherever necessary.
Writ Petitions are allowed in these terms.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv