Stone crusher petitioner challenged an order by the District Stone Crusher Regulation and Licensing Authority as arbitrary. Following a similar case decided days earlier, the court quashed the order and directed a fresh reply, hearing, joint survey and lawful fresh orders.
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NC: 2024:KHC:7556-DB WP No. 5475 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE T.G. SHIVASHANKARE GOWDA WRIT PETITION NO. 5475 OF 2024 (GM-MM-S)
BETWEEN:
Digitally signed by YASHODHA N Location: HIGH COURT OF KARNATAKA
A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR, SRI B VINAY KUMAR S/O B KRISHNAMURTHY AGED ABOUT 45 YEARS, HAVING OFFICE AT SY NO.80 AND 81, TARIKERE VILLAGE KUNIGAL TALUK TUMKUR DISTRICT-572130
…PETITIONER
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE A/W
SMT. ANUPARNA BORDOLOI,ADVOCATE)
AND:
RACE COURSE ROAD BENGALURU-560001 REPRESENTED BY ITS DIRECTOR
TUMAKURU DISTRICT-571102
…RESPONDENTS
(BY SRI S.S.MAHENDRA, GA FOR R1 TO 7)
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. 6302/INDCR/CRUSHER/2023-24 PASSED BY THE RESPONDENT No. 3 AS HIGHLY ARBITRARY ILLEGAL AND WITHOUT AUTHORITY OF LAW (ANNEXURE-A) AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard Shri Udaya Holla, learned Senior Advocate for the petitioner and Shri S.S. Mahendra, learned Government Advocate for respondents No.1 to 7.
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.
ORDER
(i) Order dated 25.01.2024 bearing No.I.N.D.CR/CRUSHER/2023-24 passed by
1 WP No.4088/2024, DD- February 14, 2024
the third respondent (Annexure-A) is quashed;
Sd/CHIEF JUSTICE
Sd/-
JUDGE
KPS
List No.: 1 Sl No.: 17
1 issue framed by the court
Whether the order dated 25.01.2024 passed by the District Stone Crusher Regulation and Licensing Authority against the petitioner was arbitrary and without authority of law?
Colour shows how this judgement treated each authority
M/s V.P.S. Rocks and Company Vs. The State of Karnataka and OthersRelied on¶2
WP No.4088/2024, DD- February 14, 2024
M/s Balaji Crushers (represented by proprietor B Vinay Kumar)
State of Karnataka, Department of Industries and Commerce
Department of Mines and Geology
Deputy Commissioner and Chairman, District Stone Crusher Regulation and Licensing Authority, Tumkur District
Assistant Commissioner, Tumakuru Sub-Division
Tahsildar, Kunigal Taluk
P.S.Dinesh Kumar
T.G. Shivashankare Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
