Karnataka High Court
M/S Reckon Stone Crushing Unit vs The State Of Karnataka on 28 December, 2012
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF DECEMBER, 2012
PRESENT
THE HON'BLE MR.JUSTICE H. BILLAPPA
AND
THE HON'BLE MR.JUSTICE V.SURI APPA RAO
WRIT PETITION NOS. 52273-52287/2012 (GM-MM-S)
BETWEEN:
1. M/S. RECKON STONE CRUSHING UNIT,
SY.NO.94/1B2,
V.BASAPURA VILLAGE,
HALGUR HOBLI,
MALAVALLI TALUK,
MANDYA DISTRICT,
REP.BY ITS PROPRIETOR,
SRI.M.RAJASHEKAR.
2. M/S. SUMUKH STONE
CRUSHING INDUSTRIES
SY.NO.29/1,
RANGANAKOPPA VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT,
BY ITS PROPRETRIX,
SMT.PREMA.
3. M/S. SANMATHI STONE CRUSHER
SY.NO.148/2,
MADARAHALLI VILLAGE,
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CHINAKURALI HOBLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT,
BY ITS PROPRIETOR,
SRI.JAYARAM.
4. M/S. ANNAPOORNESHWARI
JELLY UDYAGA,
SY.NO.102/P2,
SHAMBANAHALLI VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT,
BY ITS PROPRIETOR,
SRI.CHANDRASHEKARAIAH.
5. M/S. HARAMINE STONE
CRUSHER INDUSTRIES
SY NO.11,
BIJJANAHALLI VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT,
BY ITS PARTNER,
SRI.MANSOOR.
6. M/S. SAMS STONE
CRUSHING INDUSTRIES
SY.NO.11,
BIJJANAHALLI VILLAGE,
PANDAVAPURA TALUK,
MANDYA DISTRICT,
BY ITS PARTNER,
SRI.U.K.HAMEED.
7. M/S. ARAFATH INDUSTRIES,
SY.NO.19/3, 19/5,
DESVALLI VILLAGE,
PANDAVAPURA TALUK,
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MANDYA DISTRICT,
BY ITS PARTNER,
SRI.MOHAMMED NASIR.
8. M/S. SRI.BALAJI STONE CRUSHER,
SY.NO.192,
BABY VILLAGE,
CHINAKURALI HOBLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT,
BY ITS PROPRIETOR,
SRI.J.BAPUJI,
9. M/S. BYRAVESHWARA
STONE CRUSHER,
SY.NO.171,
MARAHALLI VILLAGE,
MELUKOTE HOBLI,
PANDAVAPURA TALUK,
MANDYA DISTRICT,
BY ITS PROPRIETOR,
SRI.ANANDA.M.
10. M/S. SRINIVASA JELLY CONSTRUCTION,
SY.NO:24:28,
JAVANAHALLI VILLAGE,
DUDDA HOBLI,
MANDYA DISTRICT,
BY ITS PROPRIETOR,
SRI.P.S.ATHMANANDA.
11. M/S. SUMATHI STONE CRUSHER,
SY NO.81,
RAGIMUDDENAHALLI VILLAGE,
KOTTATTI HOBLI,
MANDYA TALUK AND DISTRICT.
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BY ITS PROPRIETOR,
SMT.M.S. ASHA.
12. M/S. D.K ASSOCIATES
SY.NO.81,
RAGIMUDDANAHALLI VILLAGE,
MANDYA-MYSORE ROAD,
MANDYA,
BY ITS PARTNER,
SRI.C.SURESH.
13. M/S. SWAMY AYYAPPA CRUSHER,
SY.NO.14/2,
GHALLARAHALLI VILLAGE,
KANTHAPURA POST,
HONNEKERE HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT,
REP.BY ITS PROPRIETRIX,
SMT.S.SAROJAMMA.
14. M/S. SRI.MOOKAMBIKADEVI
STONE CRUSHER,
SY.NO.15,
HALLADA HOSAHALLI,
GONDENAHALLI POST,
BENDIGANAVALLI HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT,
REP.BY ITS PROPRIETOR,
SRI.K.H.VENKATESH.
15. M/S. T.J.STONE CRUSHING
NDUSTRIES,
SY.NO.144/2,
HARALAHALLI VILLAGE,
SHELANARE HOBLI,
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K.R.PET TALUK,
MANDYA DISTRICT,
BY ITS PROPRIETOR,
SRI.H.T.MANJU.
... PETITIONERS
(BY SRI. P MAHESHA & SRI. KRISHNA B.J, ADVS.)
AND
1. THE STATE OF KARNATAKA,
DEPARTMENT OF MINES AND GEOLOGY,
KANIJA BHAVAN,
RACE COURSE ROAD,
BANGALORE-560001,
REP.BY ITS DIRECTOR.
2. THE KARNATAKA STATE
POLLUTION CONTROL BOARD,
PARISARA BHAVAN,
4TH AND 5TH FLOOR,
NO.49, CHURCH STREET,
BANGALORE-560001,
REP.BY ITS CHAIRMAN.
3. THE DEPUTY COMMISSIONER,
MANDYA DISTRICT,
MANDYA.
4. THE MANAGING DIRECTOR
CHAMUNDESHWARI ELECTRICITY
SUPPLY COMPANY,
NO.927, NEW KANTHARAJAURS ROAD,
KUVEMPU NAGAR,
MYSORE-570001.
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5. THE ASSISTANT EXECUTIVE ENGINEER,
CHAMUNDESHWARI ELECTRICITY
SUPPLY COMPANY,
(O & M ) SUB DIVISION,
MALAVALLI TALUK,
MANDYA DISTRICT.
6. THE ASSISTANT EXECUTIVE ENGINEER
CHAMUNDESHWARI ELECTRICITY
SUPPLY COMPANY,
(O & M ) SUB DIVISION,
MANDYA TALUK,
MANDYA DISTRICT.
7. THE ASSISTANT EXECUTIVE ENGINEER,
CHAMUNDESHWARI ELECTRICITY
SUPPLY COMPANY,
(O & M ) SUB DIVISION,
PANDAVAPURA TALUK,
MANDYA DISTRICT.
8. THE ASSISTANT EXECUTIVE ENGINEER,
CHAMUNDESHWARI ELECTRICITY
SUPPLY COMPANY,
(O & M ) SUB DIVISION,
NAGAMANGALA TALUK,
MANDYA DISTRICT.
9. THE ASSISTANT EXECUTIVE ENGINEER,
CHAMUNDESHWARI ELECTRICITY
SUPPLY COMPANY,
(O & M ) SUB DIVISION,
K.R.PET TALUK,
MANDYA DISTRICT.
... RESPONDENTS
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(BY SRI. R.G. KOLLE, GA FOR R1 & R3
SRI. GURURAJ JOSHI, ADV. FOR R2
SRI. N.K. GUPTA, ADV. FOR R4-R9)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED CLOSER ORDER PASSED BY THE
R2 THE CHAIRMAN KARNATAKA STATE POLLUTION
CONTROL BOARD, BANGALORE PRODUCED AT ANN-B1 TO
B4 ALL COMMON DT.29.8.12 & ANN-B5 TO B7 ALL
DT.3.3.2011, ANN-B8 TO B15 ALL DT.29.8.12
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, H. BILLAPPA, J.,
PASSED THE FOLLOWING:
ORDER
Sri. R.G. Kolle, learned Government Advocate is directed to take notice for the respondents 1 and 3.
Sri. Gururaj Joshi, advocate, is directed to take notice for the respondent No.2.
Sri. N.K. Gupta, advocate, is directed to take notice for the respondents 4 to 9.
2. The learned counsel for the parties submit that the matter has been covered by the decision of this Court in W.P. No.41069/2012.
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3. The petitioners have filed applications for grant of license on 18.12.2012. The applications need to be considered within three months. The matter is covered by the decision of this Court in W.P. No. 41069/2012.
4. Therefore, the writ petitions are disposed of directing the 3rd respondent to consider the applications of the petitioners vide Annexures-C1 to C15 dated 18.12.2012 within the stipulated period of three months. Consequently, Annexures-B1 to B15 issued by the 2nd respondent are hereby quashed. The respondents are directed to permit the operation of the petitioners units till the disposal of the applications in accordance with law within the stipulated period of three months.
Sd/-
JUDGE Sd/-
JUDGE ST*