Allowed

M/S Sri Lakshmi Venkateswara Stone Crusher v. State of Karnataka

Karnataka HC16 Sept 2021WP/14795/2021

Case brief

AI extract

What is this about?

This judgment consolidates five writ petitions filed by stone crusher proprietors against the withdrawal of their licences by the District Regulation Authority. The High Court quashed orders passed without hearing the petitioners, directing the authority to issue fresh show cause notices and grant an opportunity of hearing before taking a final decision.

What did the court decide?

Impugned orders dated 31.7.2021 quashed; liberty granted to respondents to issue fresh show cause notices with 15 days time for reply before passing final decision after hearing.

M/S Sri Lakshmi Venkateswara Stone Crusher Vs State… — Company and Corporate | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2021

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PRESENT

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THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.14795/2021 (GM-MM-S) C/W WRIT PETITION NOS.15090/2021, 15094/2021 15098/2021, 15100/2021, 16351/2021

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IN WRIT PETITION NO.14795/2021

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BETWEEN

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M/S SRI LAKSHMI VENKATESWARA STONE CRUSHER A PROPRIETARY CONCERN REPRESENTED BY ITS PROPRIETOR SHRI H.B. RAVIKUMAR S/O LATE HOSAHALLI BOJEGOWDA AGED ABOUT 51 YEARS NO.20, "AMMA", 7^TH MAIN D- BLOCK, VIJAYANAGARA 3^RD STAGE, MYSORE – 570 014

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... PETITIONER

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(BY SRI LAKAMAPURMATH CHIDANANDAYYA, ADV.)

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AND:

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1 . STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE, (SSI AND TEXTILES) M S BUILDING BENGALURU – 560 001

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2 . DIRECTOR OF MINES AND GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BENGALURU – 560 001

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3 . DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT REGULATION OF STONE CRUSHER AND LICENSING AUTHORITY MANDYA DISTRICT MANDYA – 571 401

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4 . SENIOR GEOLOGIST MINES DEPARTMENT OF MINES AND GEOLOGY VIDAYANAGAR, 1^ST CROSS, MANDYA DISTRICT MANDYA – 571 401

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... RESPONDENTS (BY SRI DHYAN CHINNAPPA, AAG FOR SRI.S.S.MAHENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECRODS INCLUDING DECISION OF THE DISTRICT REGULATION OF STONE CRUSHER AND REGULATION COMMITTEE DATED 28.07.2021 AND PASSED ORDER DATED 31.07.2021 ANNEXURE-A BEARING NO.Gani/Bhuv/C.R./Crusher/2021-22/1290 PASSED BY THE 3^RD RESPONDENT AND ETC.

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IN WRIT PETITION NO.15090/2021

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BETWEEN

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M/S YATHIN STONE CRUSHER REP BY ITS PROPRIETOR, SHRI. B.M.NATARAJU S/O. SRI. MADHEGOWDA, AGED ABOUT 53 YEARS, NO. 54, KAVERI MAIN ROAD, GURURAJ LAYOUT, NAZARABAD MOHALLA, MYSORE 570 014

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... PETITIONER

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(BY SRI LAKAMAPURMATH CHIDANANDAYYA, ADV.)

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AND:

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1 . STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, (SSI AND TEXTILES,) M S BUIDLING, BANGALORE 560 001 2 . DIRECTOR OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BANGALORE 560 001 3 . DISTRICT REGULATION OF STONE CRUSHER AND LICENCING AUTHORITY REP BY ITS CHAIRMAN AND DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA 571 401 4 . SENIOR GEOLOGIST (MINES) DEPATMENT OF MINES AND GEOLOGY, VIDAYANAGAR 1^ST CROSS, MANDYA DISTRICT MANDYA 571 401 5. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401 ... RESPONDENTS (BY SRI DHYAN CHINNAPPA, AAG FOR SRI.S.S.MAHENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECRODS INCLUDING DECISION OF THE DISTRICT REGULATION OF STONE CRUSHER AND REGULATION COMMITTEE DATED 28.07.2021 AND PASSED ORDER DATED 31.07.2021 ANNEXURE-A BEARING NO.GANI/DMG/C.R./CRUSHER/2021-22/1237 PASSED BY THE 3^RD RESPONDENT AND ETC.

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IN WRIT PETITION NO.15094/2021

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BETWEEN

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M/S T.J.STONE CRUSHERS REP BY ITS PROPRIETOR H.T.MANJU AGED ABOUT 45 YEARS HARALAHALLI VILLAGE SHEELANERA HOBLI SHIVAPURA ROAD, K.R.PETE TALUK MANDYA DISTRICT - 571426 ... PETITIONER (BY SRI R.G.KOLLE, ADV.) 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 INDUSTIRES VIKASA SOUDHA, BENGALURU BENGALURU – 560 001 3 . THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT, MANDYA – 571 401 4 . THE MEMBER SECRETARY AND SENIOR GEOLOGIST DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT D.C.OFFICE COMPLEX MANDYA – 571 401 5 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION, VIDYA NAGARA 1^ST CROSS, MANDYA MANDYA DISTRICT – 571 401 ... RESPONDENTS (BY SRI DHYAN CHINNAPPA, AAG FOR

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SRI.S.S.MAHENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE LICENCE ISSUED IN FORM-C DATED 17.11.2018 BY THE 4^TH RESPONDENT MEMBER SECRETARY IS LEGAL AND VALID IN VIEW OF HAVING OBTAINED ALL THE STATUTORY CLEARANCE VIZ (i) SAFER ZONE GAZETTE NOTIFICATION DATED 14.12.2017 (ii) CERTIFICATE OF COMPLIANCE ISSUED IN FORM-B1 DATED 26.12.2017 (iii) CONSENT FOR OPERATION DATED 31.01.2019 ISSUED BY KSPCB IN ACCORDANCE WITH LAWS, PRODUCED AT ANNEXURE-B, C, D AND E RESPECTIVELY AND ETC.

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IN WRIT PETITION NO.15098/2021

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BETWEEN

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M/S BHYRAVESHWARA STONE CRUSHER REP BY ITS PROPRIETOR M.ANAND AGED ABOUT 52 YEARS SHAMBHUNAHALI VILLAGE MELUKOTE HOBLI PANDVAPURA TALUKA MANDYA DISTRICT - 571431

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... PETITIONER

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(BY SRI R.G.KOLLE, ADV.)

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AND:

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1 . THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001

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2 . THE SECRETARY TO GOVERNMENT DEPARTMENT OF COMMERCE AND INDUSTIRES VIKASA SOUDHA, BENGALURU – 560 001

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3 . THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY, MANDYA DISTRICT MANDYA – 571 401

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4 . THE MEMBER SECRETARY AND SENIOR GEOLOGIST DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT D.C.OFFICE COMPLEX MANDYA – 571 401 5 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION, VIDYA NAGARA 1^ST CROSS, MANDYA MANDYA DISTRICT – 571 401 ... RESPONDENTS (BY SRI DHYAN CHINNAPPA, AAG FOR SRI.S.S.MAHENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE LICENCE ISSUED IN FORM-C DATED 19.11.2018 BY THE 4^TH RESPONDENT MEMBER SECRETARY IS LEGAL AND VALID IN VIEW OF HAVING OBTAINED ALL THE STATUTORY CLEARANCE VIZ. (i) SAFER ZONE GAZETTE NOTIFICATION DATED 10.11.2017 (ii) CERTIFICATE OF COMPLIANCE ISSUED IN FORM-B1 DATED 15.11.2017 (iii) CONSENT FOR OPERATION DATED 05.07.2018 AND 21.02.2019 ISSUED BY KSPCB IN ACCORDANCE WITH LAWS, PRODUCED AT ANNEXURE-B, C, D, E AND F RESPECTIVEY AND ETC.

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IN WRIT PETITION NO.15100/2021

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BETWEEN

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M/S SRI HONNADEVI STONE CRUSHERS REP. BY ITS PROPRIETOR SRI E.N.UMESH S/O NARAYANA GOWDA AGED ABOUT 48 YEARS NO 33, BRAHMHADEVARAHALLI JIJALAGHATTA VILLAGE HONAKERE HOBLI, NAGAMANGALA TQ MANDYA DIST -571 432

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... PETITIONER

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(BY SRI R.G.KOLLE, ADV.)

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AND:

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1 . THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA , BENGALURU- 560 001

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2 . THE SECRETARY TO GOVERRNMENT DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA BENGALURU -560 001 3 . THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTORITY MANDYA DIST 571 401 4 . THE MEMBER SECRETARY AND SENIOR GEOLOGIST DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT DC OFFICE COMPLEX MANDYA -571 401 5 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION VIDYA NAGARA, 1^ST CROSS, MANDYA DISTRICT - 571 401 ... RESPONDENTS

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(BY SRI DHYAN CHINNAPPA, AAG FOR SRI.S.S.MAHENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE LICENCE ISSUED IN FORM-C DATED 20.11.2018 BY THE 4^TH RESPONDENT MEMBER SECRETARY IS LEGAL AND VALID IN VIEW OF HAVING OBTAINED ALL THE STATUTORY CLEARANCE VIZ. (i) SAFER ZONE GAZETTE NOTIFICATION DATED 14.12.2017 (ii) CERTIFICATE OF COMPLIANCE ISSUED IN FORM- B1 DATED 26.12.2017 (iii) CONSENT FOR OPERATION DATED 15.03.2018 AND 07.01.2021 ISSUED BY KSPCB IN ACCORDANCE WITH LAWS,

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PRODUCED AT ANNEXURE - B, C, D, E AND F RESPECTIVELY AND ETC.

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IN WRIT PETITION NO.16351/2021

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BETWEEN

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M/S SIDDALINGESHWARA STORE CRUSHER REPRESENTED BY ITS PROPRIETRIX, SMT MAHADEVI, W/O LATE K.S.NAGARAJ, AGED ABOUT 62 YEARS, NO.70, MATHRU SHREE NILAYA, TOWN PLANNING EMPLOYMENT LAYOUT, BASAVASWARA NAGAR, MYSORE-570022

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... PETITIONER

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(BY SRI LAKAMAPURMATH CHIDANANDAYYA, ADV.)

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AND:

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1 . STATE OF KARNTAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE (SSI AND TEXTILES) M.S.BUILDING, BANGALORE-560 001

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2 . DIRECTOR OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD, BENGALURU-560 001

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3 . DISTRICT REGULATION OF STONE CRUSHER AND LICENCING AUTHORITY REPRESENTED BY ITS CHAIRMAN CUM DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA-571 401

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4 . SENIOR GEOLOGIST (MINES) DEPARTMENT OF MINES AND GEOLOGY, VIDAYANAGAR 1^ST CROSS, MANDYA DISTRICT, MANDYA-571 401

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5 . DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA-571 401

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... RESPONDENTS

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(BY SRI DHYAN CHINNAPPA, AAG FOR SRI.S.S.MAHENDRA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS INCLUDING DECISION OF THE DISTRICT REGULATION OF STONE CRUSHER AND REGULATION COMMITTEE DATED 28.07.2021 AND PASSED ORDER DATED 31.07.2021 ANNEXURE-A BEARING NO. Gani/DMG/C.R/Crusher/2021-22/1339 PASSED BY THE 3^RD RESPONDENT AND ETC.

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THESE WRIT PETITIONS ARE COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:

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ORDER

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Regard being had to the similitude in the controversy involved in all these cases, they are heard analogously together and a common order is being passed.

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The petitioner before this Court has filed the present petition i.e., W.P.No.14795/2021 being aggrieved by the order dated 31.7.2021 passed by the Deputy Commissioner cum Chairman, District Regulation of Stone Crusher and Licencing Authority, withdrawing Form-C licence issued to the petitioner in respect of the land in question.

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The petitioner's contention is that licence was granted to the petitioner on 28.12.2018 for a period up to 31.3.2024 keeping in view the Karnataka Regulation of Stone Crushers Act, 2011. The petitioner's contention is that a show cause notice was issued by the Senior Geologist (Mines) – Respondent No.4 on 20.7.2021 to show cause as to why the licence granted to it should not be cancelled and the petitioner did submit a reply on 23.7.2021 to the Senior Geologist. However, the impugned order, without hearing the petitioner, has been passed by the Deputy Commissioner on 31.7.2021, meaning thereby some other authority has issued the show cause notice and final order has been passed by some other authority.

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Learned counsel for the respondents/State has fairly stated before this Court that no opportunity of hearing was granted to the petitioner as provided under the Karnataka Regulation of Stone Crushers Act, 2011.

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Resultantly, the impugned order dated 31.7.2021 is hereby quashed with a liberty to the respondents to issue a fresh show cause notice to the petitioner granting 15 days time to it to file its reply and thereafter, the competent authority, under the Karnataka Regulation of Stone Crushers

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Act, 2011, who has issued the show cause notice shall take a

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final decision in the matter, that too, after granting an opportunity of hearing to the petitioner.

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With the aforesaid, the petition stands allowed.

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In the light of the order passed in

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W.P.No.14795/2021, the other connected writ petitions are also allowed. The impugned orders are quashed with a liberty to the respondents to issue a fresh show cause notice to the petitioner in each of the writ petitions granting 15 days time to it to file its reply and thereafter, the competent authority, under the Karnataka Regulation of Stone Crushers Act, 2011, who has issued the show cause notice shall take a final decision in the matter, that too, after granting an opportunity of hearing to the petitioner in each of the petitions.

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Pending IAs, if any, shall stand disposed of.

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No order as to costs.

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SD/ACTING CHIEF JUSTICE

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JUDGE

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SD/-