Karnataka High Court

WP/52363/2012 of M/S BASAVESHWARA STONE CRUSHER Vs THE STATE OF KARNATAKA on 28 December 2012

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HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 28TH DAY OF DECEMBER, 2012 PRESENT THE HON’BLE MR.JUSTICE H. BILLAPPA AND THE HON’BLE MR.JUSTICE V.SURI APPA RAO WRIT PETITION NO. 52363/2012 (GM-MM-S) BETWEEN: M/S. BASAVESHWARA STONE CRUSHER, BYAGAVADI VILLAGE, AKKI ALUR HOBLI TQ:

1 |

IN THB HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 28[‘T]DAY OF DECEMBER, 2012.

PRESENT

THER HON’BLE MR.JUSTICE H. BILLAPPA_

AN D

THR HON’BLE MR.JUSTICEK V.SURI APPA RAOWRIT PETITION NO. 52363/2012 (GMViS)

BBRITWRE

M/S. BASAVESHWARA STONE CRUSHER,BYAGAVADI VILLAGE,AKKI ALUR HOBLI TQ: HANGAL,DIST: HAVERI,BY ITS PROPRIETOR,SRI.YALLAPPA F.BAGASAR.

_.. PRTITIONER

(BY SRI. HANUMANTHAREDDY SAHUKAR, ADV.)

ANI

1.|THE STATE OF KARNATAKA,

DEPARTMENT OF MINES AND GEOLOGY,

KANIJA BHAVAN RACH COURSE ROAD,

BANGALORE.|

BY [TS DIRECTOR.

oOTHR KARNATAKA STATE

POLLUTION CONTROL BOARD,

PARISARA BHAVAN,

oD

%[‘T]AND 5[‘T]FLOOR, NO.49, |CHURCH STREET, BANGALORE.|BY [TS CHAIRMAN.CHURCH STREET, BANGALORE.|BY [TS CHAIRMAN.

3.THE DEPUTY COMMISSIONER, HAVERI DISTRICT, HAVERI,HAVERI DISTRICT, HAVERI, 4THE SENIOR GEOLOGIST, MINES AND GEOLOGY DEPARTMENT, MINES AND GEOLOGY DEPARTMENT, SHIVAJINAGAR, IIIRD CROSS,».R.BELLARY BUILDING,».R.BELLARY BUILDING, HAVERI DIST: HAVERI.

5.THE MANAGING DIRECTOR,HUBLI ELECTRICITY SUPPLY COMPANY, NAVANAGAR, HUBLI DIST: DHARWADHUBLI ELECTRICITY SUPPLY COMPANY, NAVANAGAR, HUBLI DIST: DHARWAD

6.|THE ASSISTANT EXECUTIVE ENGINEER,HUBLI ELECTRICITY SUPPLY COMPANY,|RANEBENNUR DIVISION, RANEBENNUR,DIST:HAVERIL.HUBLI ELECTRICITY SUPPLY COMPANY,|RANEBENNUR DIVISION, RANEBENNUR,DIST:HAVERIL.

To|THE TAHSILDAR,HANGAL TALUK, DIST:HAVERIL.HANGAL TALUK, DIST:HAVERIL.

... RESPONDENTS

(BY SRI. R.G. KOLLE, GA FOR RI, R3, R4 & R7

ori. D. NAGARAJ, ADV. FOR R2

SRI. N.K. GUPTA, ADV. FOR Ro & R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226)& 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHTHE ORDER DT.3.3.11 PASSED BY THE R2, PRODUCED ASANWN-C.

THIS WRIT PRTITION COMING ON FOR FURTHER!ORDERS THIS DAY,H. BILLAPPA, J.,PASSED THEFOLLOWING:

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ORDER

sri. R.G. Kolle, learned Government Advocate is directedto take notice for the respondents 1, 3, 4 and 7. |

sri. D. Nagaraj, advocate, is directed to take notice forthe respondent No.2.

sri. N.K. Gupta, advocate, is directed to take notice forthe respondents 95 and 6.

2 |The learned counsel for the parties submit thatthe matter has been covered by the decision of this Court in W.P. No.41069/2012.

3. The petitioner has filed application for grant oflicense on 23.08.2012. The application needs to be consideredwithin three months. The matter is covered by the decision ofthis Court in W.P. No. 41069/2012.

4a

4Therefore, the writ petition is disposed of directingthe 3[.5]respondent to consider the application of the petitionervide Annexure-D dated 23.08.2012 within two weeks from thedate of receipt of a copy of this order, if the application is notalready considered. Consequently, Annexure-C passed by thep[45]respondent is hereby quashed. The respondents are|directed to permit the operation of the petitioner’s unit till thedisposal of the application in accordance with law in terms ofthe direction of this Court within two weeks.

Sd/-|

JUDGE

Sd/-.

JUDGE|

ST*

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