Karnataka High Court
M/S Prabhavathi Stone Crushers vs Dr. H.N. Gopalakrishna Ias on 13 September, 2023
Author: G.Narendar
Bench: G.Narendar
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NC: 2023:KHC:33147-DB
CCC No.507 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF SEPTEMBER, 2023
PRESENT
THE HON'BLE MR. JUSTICE G.NARENDAR
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CIVIL CONTEMPT PETITION NO. 507 OF 2023
BETWEEN:
1. M/S. PRABHAVATHI STONE CRUSHERS
REPRESENTED BY ITS PROPRIETOR
SRI. K.S. NARAYANA
SON OF K.V. SRINIVASE GOWDA
AGED ABOUT 56 YEARS
DOOR NO.2712
Digitally signed 2ND CROSS, 17TH MAIN
by RUPA V (SNAKE SHYAM ROAD)
Location: HIGH 2ND STAGE, VIJAYANAGAR
COURT OF MYSORE-570 030.
KARNATAKA ...COMPLAINANT
(BY SRI. LAKAMAPURMATH CHIDANANDAYYA, ADV.,)
AND:
1. DR. H.N. GOPALAKRISHNA IAS
[DELETED VIDE ORDER DATED 13.09.2023].
2. SRI. MAHESH
SENIOR GEOLOGIST-CUM -MEMBER SECRETARY
DISTRICT STONE CRUSHER LICENSING AND
REGULATION AUTHORITY (IN-CHARGE)
MANDYA DISTRICT, MANDYA 571401.
3. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF INDUSTRIES AND COMMERCE
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NC: 2023:KHC:33147-DB
CCC No.507 of 2023
(MINES), VIKAS SOUDHA
BANGALORE-560001.
...ACCUSED
(BY SRI. S.S. MAHENDRA, AGA FOR A1-A3)
THIS CCC IS FILED UNDER SECTION 11 AND 12 OF
CONTEMPT OF COURTS ACT, READ WITH ARTICLE 215 OF THE
CONSTITUTION OF INDIA, PRAYING TO SUMMON, PROSECUTE
AND PUNISH THE ACCUSED FOR THEIR DELIBERATE AND
WILFUL DISOBEDIENCE OF THE INTERIM ORDER DATED
21.02.2023 PASSED BY THE DIVISION BENCH OF THIS
HONBLE COURT VIDE ANNEXURE-A ISSUED BY THIS HONBLE
COURT IN WP.NO.9037/2022, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
G.NARENDAR J., MADE THE FOLLOWING:
ORDER
This contempt petition is filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, complaining disobedience of the interim order of this Court dated 21.02.2023 passed in W.P.No.9037/2022, wherein this Court has passed the following order:
"The Division Bench of this Court vide order dated 28.04.2022 granted an interim order in W.P.No.9037/2022. The same is continued and extended until further orders.
The respondent - Authorities are directed not to cause any hindrance in the petitioner's -3- NC: 2023:KHC:33147-DB CCC No.507 of 2023 functioning of stone crushing activity and if such hindrance is caused by blocking integrated lease management system, the same be restored expeditiously."
2. Learned AGA submits that the Integrated Lease Management System has been opened and that the same is made operational for the complainant and the complainant has applied and obtained Mineral Dispatch Permits and that there is no willful disobedience of the interim order granted by this Court. It is deposed in the compliance affidavit at paragraph Nos.4, 5, 6, 7 and 12 as under:
"4. I respectfully submit that, since no reliefs are granted by the Hon'ble Supreme Court on 04.07.2023. In furtherance of compliance of the order dated 28.02.2023, I addressed a letter dated 22.08.2023, to the Director of Mines and Geology, Bengaluru requesting to unlock the Integrated Lease Management System (in short 'ILMS') to facilitate the Complainant to transport the minerals by obtaining Mineral Dispatch Permits (in short 'MDP') in accordance with law. Accordingly, Crusher permit No.MYDSC26 is unlocked and the copy of the said letter dated 22.08.2023 is communicated to the Complainant. The copy of the said letter dated 22.08.2023 is produced and marked as Annexure - R2.-4-
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5. I respectfully submit that, in order to issue MDP to the Complainant and to conduct assessment of minerals stocked in the licensed area of the Complainant. A spot inspection was carried out on 24.08.2023, by the team consisting of the Geologist, one of the technical officers of the Office of the Senior Geologist, Department of Mines and Geology, Mandya District along with Officers of the Forest, Revenue, Karnataka Pollution Control Board, Mandya District and the Complainant, owner of the Crusher Unit. The proceedings of the spot inspection was drawn at the spot on 24.08.2023, photographs taken during the Spot Inspection (The owner is in white shirt and grey pant in the photos). The Complainant herein has refused to attest his signature on the spot mahazar dated 24.08.2023. The copy of the Mahazar along with the photographs is produced and marked as Annexure - R3.
6. I further submit that, on verification of the ILMS details of the quantity of building stone material obtained by M/s. Prabhavati Stone Crusher & M-Sand Unit, the Complainant obtained primary MDP to his crusher from 25.06.2019 to 21.03.2021 is 18239.88 MTs of Building Stone. Whereas, the Complainant has obtained Secondary MDPs for transportation of processed mineral for a quantity of 1538 MTs and transported processed mineral of different aggregates/sizes of building stone from 25.06.2019 to 03.04.2021. However, during the spot inspection dated 24.08.2023, total quantity of 2891 Mts of processed minor mineral building stone was found. Hence, remaining quantity of 13810.88 MTs of building stone was not found at the spot and the same was transported without obtaining MDP. The copy of the Report along with the permits detailed of ILMS software is produced and marked as Annexure - R4.-5-
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7. I respectfully submit that, based on the report dated 24.08.2023, submitted by the Technical Officers, it was found that there was processed product of (1) Jelly powder - 1264 M.Ton, (2) 6 mm jelly - 1037 M.Ton, (3) 12 mm Jelly - 292 M.Ton, (4) 20 mm Jelly - 10 M.Ton, (5) GSB (Granular Sub-Base) - 288 m. Tons.
Totaling to 2891 M.Tons. Were stacked in the crusher area. Further, another spot inspection dated 31.08.2023, was conducted by the Geologist, Technical Officer and Junior Engineer of the Department of Mines and Geology. Mandya District. In the said spot inspection dated 31.08.2023 it was found that, there was a stock of 435.6 M.Tons of 20 mm jelly. It was found that there was additional quantity of 425.6 M.Ton than the mineral stacked during the inspection conducted on 24.08.2023.
12. I respectfully state that, Respondent/Accused have highest respect for the orders passed by this Hon'ble Court and I have never disobeyed the orders passed by this Hon'ble Court intentionally. At no point of time, I have disobeyed the directions of this Hon'ble Court wilfully. I tender my unconditional apology for the unintentional non-compliance of order dated 21.02.2023 within the time stipulated by this Hon'ble Court. I most respectfully pray that, this Hon'ble Court be pleased to condone such delay in compliance and accept my apology and drop Contempt Proceedings by discharging the accused herein."
3. The deponent has tendered an unconditional apology and has also abided by the order.
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4. The apology is accepted and the contempt proceedings are dropped.
Sd/-
JUDGE Sd/-
JUDGE BSR