Karnataka High Court
M/S Goutham Stone Crushers vs The State Of Karnataka on 23 March, 2017
Bench: Chief Justice, R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23rd DAY OF MARCH, 2017
PRESENT
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
WRIT PETITION NO.12741 OF 2017 (GM-MMS)
BETWEEN :
M/s.GOUTHAM STONE CRUSHERS
A PROPRIETARY CONCERN OWNED BY
B.NARASIMHA MURTHY
S/O LATE P.BASAPPA
AGE: 57 YEARS
NO.70, AECS LAYOUT
60 FEET ROAD
ISRO COMPOUND
BANGALORE - 560 094 ... PETITIONER
(BY MR.J.PRASHANTH, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE - 560 001
2. THE PRINCIPAL SECRETARY
TO GOVERNMENT
2
DEPARTMENT OF COMMERCE
AND INDUSTRIES
VIKASA SOUDHA
BANGALORE - 560 001
3. THE CHAIRMAN LICENSING AUTHORITY
AND THE DEPUTY COMMISSIONER
DISTRICT STONE CRUSHER
REGULATION COMMITTEE
CHICKBALLAPUR DISTRICT, DISTRICT
CHICKBALLAPUR - 562 101
4. THE CHAIRMAN LICENSING AND
SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY
OFFICE OF THE SENIOR GEOLOGIST
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR - 562 101
5. THE SENIOR ENVIRONMENT OFFICER
KARNATAKA STATE POLLUTION
CONTROL BOARD
NO.49, CHURCH STREET
BANGALORE - 560 001 ... RESPONDENTS
(MR.V.G.BHANUPRAKASH, ADDITIONAL GOVERNMENT ADVOCATE
FOR R1 TO R4)
---
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to quash Ann-A dated
10.3.2017 issued by R4 and etc.
This petition coming on for Orders this day, THE CHIEF
JUSTICE made the following:
3
ORDER
The office objections are overruled. Issue notice.
Mr.V.G.Bhanuprakash, learned additional government advocate, accepts notice for the respondent Nos.1 to 4. Therefore, formal service of notice to them is dispensed with.
2. This writ petition is, in substance, seeking for extension of time for running stone crusher unit upto August 29, 2018, on the strength of the amendment to the Karnataka Regulation of Stone Crushers Amendment Act, 2011 (in short, the said Act'), as amended in 2013. The license for running the stone crusher unit is dated August 29, 2013, which was valid upto August 29, 2016.
3. Under the original provision of Section 5 of the said Act of 2011, a license was to be valid for a period of three years, which has, since, been amended to five years. 4
4. Therefore, Mr.J.Prashanth, learned advocate appearing for the writ petitioner, is right that the writ petitioner is entitled to continue their stone crusher unit upto August 29, 2018.
5. The writ petition is, thus, allowed. The order of the Senior Geologist (Mines), Department of Mines and Geology, Chikkaballapura, is set aside. The said Senior Geologist, is directed to extend the validity period of the license in Form-C till August 29, 2018, within four weeks.
6. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE RV