Karnataka High Court
M/S B V S Stone Crusher vs The State Of Karnataka on 14 January, 2020
Bench: Chief Justice, Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JANUARY, 2020
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 52524 OF 2019 (GM-MM-S)
BETWEEN:
M/s B V S STONE CRUSHER
REP BY ITS PROPRIETOR,
B. V. SUDHAKAR, S/O. VENKATRAO,
AGED ABOUT 55 YEAS,
KALLAGANGURU VILLAGE,
SHIVAMOGGA TALUK,
SHIVAMOGGA-577 225.
...PETITIONER
(BY SHRI.R.G. KOLLE, ADVOCATE)
AND
1 . THE STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU-560 001.
2 . THE SECRETARY TO GOVERNMENT
DEPARTMENT OF COMMERCE
AND INDUSTRIES,
VIKASA SOUDHA,
BENGALURU-560 001.
3 . THE DEPUTY COMMISSIONER
AND CHAIRMAN
DISTRICT STONE CRUSHER LICENSING
2
AND REGULATION AUTHORITY,
OFFICE OF THE DEPUTY COMMISSIONER,
SHIVAMOGGA-577 201.
4 . THE MEMBER SECRETARY
AND SENIOR GEOLOGIST
DEPARTMENT OF MINES AND GEOLOGY,
SHIVAMOGGA DISTRICT,
SHIVAMOGGA-577 201.
5 . THE CHIEF EXECUTIVE OFFICER
ZILLA PANCHAYATH,
SHIVAMOGGA DISTRICT,
RURAL DEVELOPMENT AND PANCHAYAT RAJ
DEPARTMENT,
SHIVAMOGGA-577 201.
6 . THE PANCHAYAT DEVELOPMENT OFFICER
ABBALGERE VILLAGE PANCHAYAT,
SHIVAMOGGA TALUKA AND DISTRICT,
SHIVAMOGGA-577 225.
... RESPONDENTS
(BY SHRI. V.G.BHANUPRAKASH, AGA)
---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR
DIRECTION DIRECTING 3RD RESPONDENT DEPUTY
COMMISSIONER AS ALSO THE CHAIRMAN, LICENSING &
REGISTRATION AUTHORITY TO PERMIT THIS PETITIONER
TO CONTINUE WITH THE STONE CRUSHING ACTIVITY IN
RESPECT OF PETITIONER'S PRIVATE PATTA LAND AT
SURVEY NO.1/2 OF KALLAGANGURU VILLAGE IN
SHIVAMOGGA TALUK AAND DISTRICT SO LONG AS THE
SAFER ZONE NOTIFICATION PUBLISHED IN THE OFFICIAL
GAZETTE DATED 25.7.2013 IS IN FORCE, PRODUCED AT
ANNEXURE-B, AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
Heard the learned counsel appearing for the petitioner.
2. Even according to the petitioner, the licence granted to him for establishing a stone crusher unit is valid up to 10th November, 2023. A copy of the licence is annexed as Annexure-C.
3. There are neither any documents annexed nor any averments made which indicate that there is any real apprehension that anyone will obstruct the petitioner from enjoying the fruits of the licence granted to him.
4. The apprehension expressed in the petition has no basis as of today. Hence, it is not necessary to entertain the petition at this stage. Accordingly, the same stands disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE vgh*