Allowed

M/S Sri Rama Stone Crusher v. the State of Karnataka

Karnataka HC16 Sept 2021WP/15091/2021

Case brief

AI extract

What is this about?

Group of writ petitions challenging orders withdrawing Form-C stone crusher licences. The High Court of Karnataka held that the orders were passed without an opportunity of hearing, violating natural justice. The court quashed the orders and directed fresh notice with a hearing.

What did the court decide?

Impugned orders dated 31.07.2021 quashed. Liberty granted to respondents to issue fresh show cause notice. Directed competent authority to take decision after granting opportunity of hearing.

M/S Sri Rama Stone Crusher Vs the State of… — Mining and Natural Resources | 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.15091/2021 (GM-MM-S)

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C/W

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WRIT PETITION NOS.15432/2021

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15440/2021, 15441/2021, 15488/2021 (GM-MM-S)

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IN WRIT PETITION NO.15091/2021

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BETWEEN:

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M/S SRI. RAMA STONE CRUSHER SY NO. 105/P3-P2 GANANGURU VILLAGE SRIRANGAPATHNA TALUK MANDYA DISTRICT -571 807

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REPRESENTED BY ITS PROPRIETOR SMT SUDHA AGED ABOUT 48 YEARS

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… PETITIONER

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(BY SRI. BHANUPRAKASH V.G. ADV.,)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA

DR. AMBEDKAR VEEDHI

BANGALORE-560 001.

2 . THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401.

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3 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION VIDYA NAGARA IST CROSS MANDYA-571401.

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4 . THE MEMBER SECRETARY AND SENIOR GEOLOGIST DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401

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… RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING 1) ISSUE A WRIT IN THE NATURE OF CERTIORARI, THEREBY QUASHING THE ORDER PASSED BY THE SECOND RESPONDENT, BEARING NO.MINES/BHOOMI/C.R./CRUSHER/2021-22, DATED:31.07.2021 PRODUCED AT ANNEXURE–A 2) ISSUE SUCH OTHER WRITS, PASS SUCH OTHER ORDERS AND GRANT SUCH OTHER RELIEFS AS DEEM FIT IN THE CIRCUMSTANCES OF THE CASE.

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IN WRIT PETITION NO.15432/2021

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BETWEEN:

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M/S BOREDEVARU STONE CRUSHER SY NO.74 & 28 KALENAHALLI VILLAGE SRIRANGAPATHNA TALUK MANDYA DISTRICT – 571 807.

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REPRESENTED BY ITS PROPRIETOR SRI BORAPPA AGED ABOUT 53 YEARS.

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… PETITIONER

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(BY SRI. BHANUPRAKASH V.G. ADV.,)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560 001.

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2 . THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401.

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3 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION VIDYA NAGARA IST CROSS MANDYA-571401.

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4 . THE MEMBER SECRETARY AND SENIOR GEOLOGIST DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401

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… RESPONDENTS

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

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PRODUCED AT ANNEXURE – A 2) ISSUE SUCH OTHER WRITS, PASS SUCH OTHER ORDERS AND GRANT SUCH OTHER RELIEFS AS DEEM FIT IN THE CIRCUMSTANCES OF THE CASE.

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IN WRIT PETITION NO.15440/2021

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BETWEEN:

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M/S YAROOB STONE CRUSHER SY NO.67 KAALENAHALLI VILLAGE SRIRANGAPATHNA TALUK MANDYA DISTRICT – 571 807 REPRESENTED BY ITS PROPRIETOR MOHAMMAD AFZAL AGED ABOUT 61 YEARS

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... PETITIONER

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(BY SRI. BHANUPRAKASH V.G. ADV.,)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560 001.

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2 . THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401.

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3 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION VIDYA NAGARA IST CROSS MANDYA-571401.

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4 . THE MEMBER SECRETARY AND SENIOR GEOLOGIST

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DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401

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… RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING QUASHING THE ORDER PASSED BY THE R2, BEARING N. MINES/BHOOMI/ C.R./CRUSHER/2021-22/1293,DATED: 31.07.2021 PRODUCED AT ANNEXURE –A AND ETC.

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IN WRIT PETITION NO.15441/2021

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BETWEEN:

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1 . M/S SRI. MARUTHI STONE CRUSHER SY NO.115, CHANNANAKERE VILLAGE K. SHETTIHALLI HOBLI

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MANDYA DISTRICT-571 807

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REPRESENTED BY ITS

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PROPRIETOR

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M.Y.D. GOPINATH AGED ABOUT 39 YEARS

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…PETITIONER

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(BY SRI BHANUPRAKASH V.G. ADV.,)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560 001.

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2 . THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT

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STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401.

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3 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION VIDYA NAGARA IST CROSS MANDYA-571401.

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4 . THE MEMBER SECRETARY AND SENIOR GEOLOGIST DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401

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… RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE R2, BEARING N. MINES/BHOOMI/C.R./CRUSHER/2021-22/1293, DATED: 31.07.2021 PRODUCED AT ANNEXURE –A AND ETC.

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IN WRIT PETITION NO.15488/2021

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BETWEEN:

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M/S SRI. BRAHMALINGESHWARA STONE CRUSHER SY NO.73 18/2 NEELANAKOPPALU VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT-571 807

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REPRESENTED BY ITS PROPRIETOR M. RAMAKRISHNA AGED ABOUT 74 YEARS

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... PETITIONER

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(BY SRI BHANUPRAKASH V.G., ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560 001.

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2 . THE DEPUTY COMMISSIONER AND THE CHAIRMAN DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401.

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3 . THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY MINERAL DIVISION VIDYA NAGARA IST CROSS MANDYA-571401. 4 . THE MEMBER SECRETARY AND SENIOR GEOLOGIST DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY MANDYA DISTRICT MANDYA-571401

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... RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE R2, BEARING N. MINES/BHOOMI/ C.R./CRUSHER/2021-22/1250, DATED: 31.07.2021 PRODUCED AT ANNEXURE –A AND ETC.

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THESE WRIT PETITIONS 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.15091/2021 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 23.11.2018 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.3 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

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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 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.

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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.15091/2021, 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

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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. No order as to costs.

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Sd/ACTING CHIEF JUSTICE

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Sd/JUDGE

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M/S Sri Rama Stone Crusher v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

M/S Sri Rama Stone Crusher v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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