Ismail S/O Mohmadsab Honyal vs The State Of Karnataka And Ors on 14 June, 2022

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Karnataka High Court

Ismail S/O Mohmadsab Honyal vs The State Of Karnataka And Ors on 14 June, 2022

Bench: S. Vishwajith Shetty

                                 1      W.P.No.201336/2022


             IN THE HIGH COURT OF KARNATAKA
                    KALABURAGI BENCH

          DATED THIS THE 14TH DAY OF JUNE, 2022

                           BEFORE

     THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

       WRIT PETITION NO.201336/2022 (GM-POL)

BETWEEN:
Ismail S/o Mohmmadsab Honyal,
Age: 35 Years, Occ: Agriculture,
R/o Kolhar (K), Tq: Kolhar,
Dist. Vijayapur.
                                                ... Petitioner
(By Sri Ganesh Naik, Advocate)

AND:
1.     The State of Karnataka
       Through the Secretary,
       Mines and Minerals,
       Govt. of Karnataka,
       Vikas Soudha, Bengaluru-01.

2.     The Deputy Commissioner,
       Vijayapur, Vist. Vijayapur-585101.

3.     The Karnataka State
       Pollution Control Board
       Through its Director,
       Zonal Office, Plot No.12/2,
       Sy.No.19/PA, Manasfadar Layout,
       Kalaburagi, Dist. Kalaburagi-585106.
                              2         W.P.No.201336/2022


4.   The Senior Geologist,
     Concerned Geology, Vijayapur,
     Tq. and Dist. Vijayapur-584101.

5.   Mallappa S/o Shankreppa Nadagoudar,
     Age: Major, Occ: Business,
     Proprietor of M/s. Holebasaveshwar Stone Crusher,
     Land Sy.No.174/3, Baluti Village,
     Tq: Kolhar, Dist: Vijayapur-584101.

6.   Bandenawaz S/o Mehboobsab Giriganvi,
     Age: Major, Occ: Business,
     Proprietor of Bharat Stone Crushers,
     Sy.No.175, Baluti Village,
     Tq: Kolhar, Dist: Vijayapur-584101.

7.   Kallappa S. Desai,
     Age: Major, Occ: Business,
     Proprietor of M/s. Desai Stone Crusher,
     Sy.No.175/*/2, Baluti Village,
     Tq: Kolhar, Dist: Vijayapur-584101.
                                               ... Respondents

       This Writ Petition is filed under Article 226 of the
Constitution of India, praying to a writ of mandamus
directing the respondent No.1 to 4 stop the operation of the
stone crushing machines operated by respondents No.5 to 7
in land Sy.No.174/3, 175 and 175/*/2 of Baluti village, Tq:
Kolhar, Dist: Vijayapur and etc.

     This petition coming on for Orders this day, the Court
made the following:

                       ORDER

Having regard to the office objections raised by the Registry, the learned counsel for the petitioner submits that 3 W.P.No.201336/2022 he may be permitted to withdraw the writ petition and file appropriate writ petition before the Bench which holds roaster for this subject.

Having regard to the said submission petition is dismissed as withdrawn with liberty as prayed for.

The Registry is directed to return the original of the documents which have been produced by the petitioner.

Sd/-

JUDGE sn

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