Dismissed

M/S Karthik Stone Crushers v. the Deputy Commissioner and Chairman

Karnataka HC8 Jun 2021WP/9719/2021

Case brief

AI extract

What is this about?

This single-judge order of the Karnataka High Court dismisses a writ petition challenging the denial of Form B-1 certificate and Form C license renewal. The court held that the late renewal application was not a fresh one and that criminal pendency is not an absolute bar if the petitioner applies for a fresh license.

What did the court decide?

No relief granted; petitioner allowed to apply for a fresh license under section 3 of the Act of 2011.

M/S Karthik Stone Crushers Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JUNE, 2021

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.9719 OF 2021 (GM-MM-S)

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BETWEEN:

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M/S KARTHIK STONE CRUSHERS, YALAGALAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK & DISTRICT, REPRESENTED BY IT’S PARTNER SRI. VARADARAJU, S/O MUNIGURAPPA, AGED ABOUT 55 YEARS.

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... PETITIONER

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(BY SRI. K B SHIVAKUMAR, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER & CHAIRMAN, DISTRICT STONE CRUSHERS LICENSING & REGULATION AUTHORITY, CHIKKABALLAPURA – 562 101.

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THE SENIOR GEOLOGIST, DEPARTMENT OF MINES & GEOLOGY & MEMBER SECRETARY, (DISTRICT STONE CRUSHERS LICENSING & REGULATION AUTHORITY), CHIKKABALLAPURA – 562 101.

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... RESPONDENTS

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(BY SRI. S S MAHENDRA, AGA )

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) DECLARE THAT, THE PENDENCY OF THE CHARGE SHEET IN No.A 192/2018 DATED 16/10/2018 IN CRIME No.303/2017

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PENDING FOR ADJUDICATION BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT, GUDIBANDE, (VIDE ANNEXURE-K) IS NOT A BAR OR A LEGAL IMPEDIMENT FOR ISSUANCE OF FORM B-1(CERTIFCATE OF COMPLIANCE) AND FORM-C (LICENSE FOR STONE CRUSHER) AND ETC.,

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THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel appearing for the petitioner. Issue notice. The learned Additional Government Advocate takes notice.

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The petitioner was granted a license under section 3 of the Karnataka Regulation of Stone Crushers Act, 2011 (for short “the Act of 2011”). The license expired on 31^st March, 2016. The petitioner applied for renewal of the said license as late as 25^th October, 2016. The submission of the learned counsel appearing for the petitioner is that the application for renewal ought to have been treated as an application for grant of a fresh license. His submission is that the application for grant of license could not have been kept pending on the ground that a charge-sheet has been filed in a criminal case against the petitioner.

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We have perused the application at Annexure-C.

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The application is specifically for renewal of the license. Admittedly, the application for renewal was not made within the time stipulated by law. Therefore, the said application could not have been considered as an application for grant of a fresh license.

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Therefore no relief can be granted in this petition. However, it will be always open for the petitioner to make an application for grant of a fresh license under section 3 of the Act of 2011. If such an application is made, the same shall be decided in accordance with law.

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Writ petition is disposed of.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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Snb/

M/S Karthik Stone Crushers v. the Deputy Commissioner and Chairman

Case brief

What is this about?

What did the court decide?

M/S Karthik Stone Crushers v. the Deputy Commissioner and Chairman

Case brief

What is this about?

What did the court decide?

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Issues for consideration

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