M/S Tirumala Entrprises Vs the State of Karnataka

THE DEPUTY COMMISIONER AND CHAIRMAN DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY TUMKURU MINI VIDHAN SOUDHA NEAR AMMANI KERE TUMKURU DISTRICT - 572 216

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NC: 2026:KHC:14390-DB WP No. 5933 of 2026

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HC-KAR

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THE DEPUTY DIRECTOR AND MEMBER SECRETTARY DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY TUMKURU DEPARTMENT OF MINES AND GEOLOGY KHANIJ BHAVAN SPOORTHI LAYOUT BADDIHALLI RING ROAD TUMKUR - 572 104

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…RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE 2^ND RESPONDENT DEPUTY COMMISSIONER AS THE CHAIRMAN OF DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY, TO ISSUE A STONE CRUSHER LICENSE IN FORM-C IN TERMS OF SECTION 6-A(2) OF STONE CRUSHERS ACT, TO AN EXTENT OF 01-30 ACRES IN NA CONVERTED PRIVATE PATTA LAND BEARING SY.NO.88 OF BOARASANDRA VILLAGE, KUNIGAL TALUKA, TUMKUR DISTRICT, PURSUANT TO PRODUCTION OF CONSENT FOR OPERATION (CFO) DATED 27.03.2025 ISSUED BY THE KSPCB PRODUCED AT ANNEXURE-E WITHIN A TIME-BOUND MANNER AND ETC.

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

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NC: 2026:KHC:14390-DB WP No. 5933 of 2026

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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 petitioner has filed the present petition, inter alia , praying

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as under:

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“Issue a Writ of Mandamus or any other Order or Direction directing the 2^nd Respondent Deputy Commissioner as the Chairman of District Stone Crushers Licensing & Regulation Authority, to issue a Stone Crusher Licence in Form-C in terms of Section 6- A(2) of the Karnataka Regulation of Stone Crushers Act, 2011, to an extent of 01-30 Acres in NA Converted private patta Land bearing Sy. No. 88 of Borasandra Village, Kunigal Taluka, Tumkur District, pursuant to production of Consent for Operation (CFO) dated 27.03.2025 issued by the KSPCB produced at ANNEXURE-E within a time-bound manner;”

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The petitioner claims that on 01.02.2023, it submitted an application under the provisions of the Karnataka Regulation of Stone Crushers Act, 2011 [ the Act ] seeking grant of a stone crusher licence over land measuring 1.30 acres falling in Survey No.88 of Borasandra Village, Kunigal Taluk, Tumakuru District. Pursuant thereto, a joint spot inspection was conducted on 28.03.2023 by the officials of the concerned departments including Mines and Geology, Revenue, Forest and the Karnataka State

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4 - NC: 2026:KHC:14390-DB WP No. 5933 of 2026

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HC-KAR

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Pollution Control Board [ KSPCB ] in terms of Section 6(3) of the Act. The recommendation of the Joint Inspection Team was placed before the District Stone Crushers Licensing and Regulation Authority meeting held on 24.05.2023, headed by respondent No.2, wherein it was resolved to publish a Notification declaring the applied area as a Safer Zone and to issue a Certificate of Compliance in Form-B1. Accordingly, the applied area was declared as a Safer Zone by a Gazette Notification dated 10.07.2023, and a Certificate of Compliance in Form-B1 was issued on 21.07.2023. The Consent for Establishment [ CFE ] was issued by the KSPCB on 01.09.2023. Thereafter, on 28.10.2024, an office memorandum was issued permitting conversion of the subject land from agricultural to non-agricultural industrial (crusher) purpose. The petitioner states that on 27.03.2025, the KSPCB issued the Consent for Operation [ CFO ]. The petitioner further states that on 05.05.2025, it made a representation to respondent No.3 requesting issuance of the Stone Crusher Licence in Form-C under Section 6-A(2) of the Act. The petitioner states that although considerable time has since elapsed, the licence in Form-C has not been issued.

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NC: 2026:KHC:14390-DB WP No. 5933 of 2026

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HC-KAR

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In terms of Section 6-A(2) of the Act, the Licensing Authority is under a statutory obligation to grant the licence in Form-C upon production of the CFO issued by the KSPCB. Despite the petitioner having produced the CFO on 05.05.2025, the licence has not been issued for the past nearly eleven months, without any reason being assigned therefore.

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In view of the above, we direct the concerned authorities/respondents to issue the licence in Form-C as prayed for, within a period of four weeks from date, and in the event the licence cannot be issued for any reason, to communicate the reasons for the same to the petitioner within the said period.

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The petition is disposed of in the above terms.

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Sd/(VIBHU BAKHRU) CHIEF JUSTICE

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Sd/(C.M. POONACHA) JUDGE

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AHB

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List No.: 2 Sl No.: 19

M/S Tirumala Entrprises v. the State of Karnataka

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M/S Tirumala Entrprises v. the State of Karnataka

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