Disposed

M/S Bangalore Aggregated Industries v. State of Karnataka

Karnataka HC22 Feb 2024WP/4453/2024

Case brief

AI extract

What is this about?

Writ petition by a stone crusher partnership challenging a licensing authority's order dated 25.01.2024. Following a similar decision in M/s V.P.S. Rocks and Company, the High Court quashed the impugned order and granted liberty to file a fresh reply to the notice with an opportunity of hearing and joint survey.

What did the court decide?

Impugned order dated 25.01.2024 quashed; liberty to file fresh reply to notice dated 04.12.2023 within two weeks; hearing and joint survey to be conducted before fresh orders.

M/S Bangalore Aggregated Industries Vs State… — Mining and Natural Resources | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:7554-DB WP No. 4453 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 22^ND DAY OF FEBRUARY, 2024

¶5

PRESENT

¶6

THE HON'BLE MR. P.S.DINESH KUMAR, CHIEF JUSTICE

¶7

AND

¶8

THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA

¶9

WRIT PETITION NO. 4453 OF 2024 (GM-MM-S)

¶10

BETWEEN:

¶11

M/S. BANGALORE AGGREGATED INDUSTRIES A PARTNERSHIP FIRM,

¶12

HAVING OFFICE AT

¶13

SY NO 81, TARIKERE VILLAGE, KUNIGAL TALUK, TUMKUR DISTRICT 572130 REPRESENTED BY ITS MANAGING PARTNER, SRI K MOHAN KUMAR S/O V KESHAVALA NAIDU AGED ABOUT 47 YEARS

¶14

Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA

¶15

…PETITIONER (BY SRI UDAYA HOLLA, SENIOR ADVOCATE A/W SMT. ANUPARNA BORDOLOI, ADVOCATE)

¶16

AND:

¶17

STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY

¶18

DEPARTMENT OF INDUSTRIES AND COMMERCE VIKAS SOUDHA BANGALORE 560001

¶19

DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN,

¶20

2 - NC: 2024:KHC:7554-DB WP No. 4453 of 2024

¶21

RACE COURSE ROAD, BENGALURU 560001

¶22

REPRESENTED BY THE DIRECTOR

¶23

THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT STONE CRUSHER REGULATION AND LICENSING AUTHORITY, TUMKUR DISTRICT, TUMKUR 562101

¶24

THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION, TUMAKURU 562101

¶25

THE TASHILDAR KUNIGAL TALUK, TUMAKURU DISTRICT

¶26

DEPUTY DIRECTOR OF MINES AND GEOLOGY DMG, GANDHINAGARA, TUMAKURU 571102

¶27

ASSISTANT DIRECTOR OF LAND RECORDS KUNIGAL TALUK, KUNIGAL, TUMAKURU DISTRICT-571102

¶28

BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED HULIYURDUGA SUB-DIVISION KUNIGAL TALUK- 572130 REPRESENTED BY THE ASSISTANT EXECUTIVE ENGINEER

¶29

…RESPONDENTS

¶30

(BY SRI S.S.MAHENDRA, GA FOR R1 TO R7)

¶31

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 25.01.2024 BEARING No.631721/INDCR/CRUSHER/2023-24 PASSED BY THE RESPONDENT

¶32

3 - NC: 2024:KHC:7554-DB WP No. 4453 of 2024

¶33

No.3 AS HIGHLY ARBITRARY ILLEGAL AND WITHOUT AUTHORITY OF LAW AND ETC.

¶34

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

¶35

ORDER

¶36

Heard Shri Udaya Holla, learned Senior Advocate for the petitioner and Shri S.S. Mahendra, learned

¶37

Government Advocate for respondents No.1 to 7.

¶38

Learned advocates appearing on both sides submitted that the issue involved is similar to the decision passed by this Court in M/s V.P.S. Rocks and Company Vs. The State of Karnataka and Others¹ and similar order may be passed in this case also.

¶39

Hence, we pass the following:

¶40

ORDER

¶41

(i) Order dated 25.01.2024 bearing No.I.N.D.CR/CRUSHER/2023-24 passed by the third respondent (Annexure-A) is quashed ;

¶42

1 WP No.4088/2024, DD-February 14, 2024

¶43

4 - NC: 2024:KHC:7554-DB WP No. 4453 of 2024

¶44

(ii) Petitioner is granted liberty to file a fresh reply to Notice dated 04.12.2023 (Annexure-C) within two weeks from today;

¶45

(iii) Petitioner shall be granted an opportunity of hearing and joint survey shall be conducted in presence of the petitioner. Thereafter, respondents shall pass appropriate orders in accordance with law; and

¶46