Disposed¶41

The State of Karnataka v. Sri Prakash Basavaraj Alur

Karnataka HC17 Oct 2025RP/198/2020

Case brief

AI extract

What is this about?

High Court of Karnataka review petition (RP No. 198 of 2020 in WP No. 47942/2018 (GM-MM-S)), decided 17 October 2025 by Vibhu Bakhru, Chief Justice, and C.M. Poonacha, J. Concerned recall of a direction to issue C Form to M/s. Shubham Stone Crusher (stone crusher, Vijayapura/Vijayapur district) following quashment of proceedings dated 18.08.2018; grounded in Section 114 read with Order XLVII Rule 1 CPC; resolved on concession by respondent's counsel that machinery had been removed and no establishment remained; review petition disposed of.

What did the court decide?

The order dated 25.04.2019 directing the respondents to issue C Form to the writ petitioner was recalled, and the review petition was disposed of in those terms. ¶41

The State of Karnataka Vs Sri Prakash Basavaraj Alur — Karnataka HC (2025) — LawSathi Research

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NC: 2025:KHC:41499-DB RP No. 198 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF OCTOBER, 2025 PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 198 OF 2020 IN WRIT PETITION No. 47942/2018 (GM-MM-S)

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BETWEEN:

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THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA DR. AMBEDKAR VEEDI BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY.

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Digitally signed by AMBIKA H B Location: High Court of Karnataka

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THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY VIJAYAPUR TALK AND DISTRICT VIJAYAPUR - 586 101.

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THE COMMANDANT INDIAN RESERVE BATTALION VIJAYAPUR - 586 101.

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…PETITIONERS

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(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

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2 - NC: 2025:KHC:41499-DB RP No. 198 of 2020

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HC-KAR

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AND:

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SRI PRAKASH BASAVARAJ ALUR S/O BASAVARAJ @ BASAVANTHAPPA AGED ABOUT 51 YEARS PROPRITOR OF M/S. SHUBHAM STONE CRUSHER R/O SHUBALAYA NILAYA OPP. ITI COLLEGE SOLAPUR ROAD VIJAYAPUR VIJAYAPURA DISTRICT - 586 101.

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KARNATAKA STATE POLLUTION CONTROL BOARD 'PARISARA BHAVANA' 1^ST TO 5^TH FLOOR 49, CHURCH STREET BANGALORE - 560 001.

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(AMENDED AS PER ORDER DATED 20/01/2025)

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…RESPONDENTS (BY SRI S.Y. SHIVALLI, ADVOCATE FOR R-1 & SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-2)

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THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO REVIEW THE ORDER DATED 25^TH APRIL 2019 PASSED IN THE SAID WRIT PETITION NO. 47942/2018 (GM-MM-S) & ETC.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:41499-DB RP No. 198 of 2020

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HC-KAR

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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The review petitioners have filed the present petition seeking review of the order dated 25.04.2019 passed by a Division Bench of this Court in Writ Petition No.47942/2018 (GM-MM-S). The operative part of the said order reads as under:

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"Accordingly, impugned proceedings dated 18.08.2018 as per Annexure-L are quashed so far as petitioner's case is concerned and respondents are directed to issue C Form to the petitioner. We direct compliance of this order in eight weeks."

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The review petitioners are aggrieved by the said direction as

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C Form cannot be issued for several reasons, including that the respondent has removed the machinery from the site and there is no longer establishment to run any crushing unit.

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