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[Cites 2, Cited by 4]

Karnataka High Court

M/S S M Crusher Works (Unit Ii, Iii) vs State Of Karnataka on 17 December, 2013

Bench: K.L.Manjunath, A.V.Chandrashekara

                           1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 17TH DAY OF DECEMBER, 2013

                      PRESENT

     THE HON'BLE MR. JUSTICE K.L.MANJUNATH

                         AND

 THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA


     W.P. NOS.51288-51291/2013 (GM-MM-S)

BETWEEN

1.   M/S S M CRUSHER WORKS (UNIT II, III)
     SY NO 9, BELLAHALLI VILLAGE,
     YELAHANKA HOBLI
     BANGALORE NORTH TALUK
     BANGALORE 560064
     REP BY PROP. SRI SYED GULZAR ALI
     AGED 65 YEARS

2.   M/S. STONE ROCK AGGREGATES
     SY.NO 10, BELLAHALLI VILLAGE,
     YELAHANKA HOBLI
     BANGALORE NORTH TALUK
     BANGALORE 560064
     REPRESENTED BY PROP. SRI AFZAL KHAN
     AGED 27 YEARS

3.   M/S. M. M CRUSHER WORKS
     (FORMELRLY S M CRUSHER WORKS UNIT I)
     SY.NO 9, BELLAHALLI VILLAGE,
     YELAHANKA HOBLI
     BANGALORE NORTH TALUK
     BANGALORE 560 064
     REP BY ITS PROP SRI SYED AKBAR ALI
     AGED MAJOR
                                   ... PETITIONERS
(By Sri: K M SHIVAYOGISWAMY, ADV.)
                            2


AND

1.    STATE OF KARNATAKA
      DEPARTMENT OF MINES AND GEOLOGY
      KHANIZA BHAVAN RACE COURSE ROAD,
      BANGALORE 560 001
      REPRESENTED BY ITS DIRECTORS

2.    THE KARNATAKA STATE POLLUTION CONTROL BOARD
      PARISARA BHAVAN,
      IST TO 5TH FLOOR NO 49,
      CHURCH STREET, BANGALORE 560 001
      (REPRESENTED BY ITS CHAIRMAN)

3.    THE DEPUTY COMMISSIONER
      BANGALORE URBAN DISTRICT
      BANGALORE-560001

4.    THE MANAGING DIRECTOR
      BANGALORE ELECTRICITY SUPPLY COMPANY
      CAUVERY BHAVAN K G ROAD,
      BANGALORE -560 009

5.    THE EXECUTIVE ENGINEER
      BANGALORE ELECTRICITY SUPPLY COMPANY
      HEBBAL DIVISION
      BANGALORE-560 024
                                     ... RESPONDENTS

(By Sri: NARENDAR. G, AGA, FOR R1 & R3
S.G. KULKARNI FOR R2)

      THESE PETITIONS ARE FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF THE INDIA PRAYING TO
QUASH THE IMPUGNED CLOSURE ORDERS PASSED BY THE
2ND RESPONDENT IN THE PETITIONERS CASE VIDE UNIT-2,
UNIT-3, UNIT-IV, UNIT-I ALL DATED 22.8.2013 VIDE ANN-N,
P, Q & R RESPECTIVELY AND ETC.,

     THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, K.L.MANJUNATH, J., MADE THE
FOLLOWING:
                      ORDER

Heard the learned counsel for the parties. 3

2. The case of the petitioners is that though applications are filed by them to consider the request to grant licence to operate stone crushing unit as per Annexures-J, K, L and M dated 23.8.2013, it is not been considered by the respondents.

3. Since the representations of the petitioners have not yet been considered by the authority, we direct the concerned respondents before whom the representations are pending consideration to consider the representations in accordance with law within a period of eight weeks from today.

Accordingly, these petitions are allowed.

Sd/-

JUDGE Sd/-

JUDGE DM