WP/52229/2012 of M/S M S JELLY CRUSHING UNIT Vs THE STATE OF KARNATAKA on 28 December 2012

1. THR STATE OF KARNATAKA|

DEPARTMENT OF MINES AND GEOLOGY,

KANIJA BHAVAN,

RACE COURSE ROAD,

BANGALORE-s60001,REP.BY ITS DIRECTOR..REP.BY ITS DIRECTOR..

2. THR KARNATAKA STATK POLLUTION CONTROL BOARDPARISARA BHAVAN, 4TH AND oTH FLOOR,|NO.49, CHURCH STREET,PARISARA BHAVAN, 4TH AND oTH FLOOR,|NO.49, CHURCH STREET, oD

BANGALORE-560001, REP.BY ITS CHAIRMAN, ITS CHAIRMAN.

3,THR DEPUTY COMMISSIONERCHAMARAJANAGARADISTRICT, CHAMARAJANAGARA.CHAMARAJANAGARADISTRICT, CHAMARAJANAGARA.

4THR MANAGING DIRBCTORCHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY,NO.927, NEW KANTHARAJAURS ROAD,KUVEMPU NAGAR,MYSORE-57000 1.CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY,NO.927, NEW KANTHARAJAURS ROAD,KUVEMPU NAGAR,MYSORE-57000 1.

5. THR ASSISTANT BXBCUTIVE BENGINEEBCHAMUNDEBSHWARI BLBECTRICITY SUPPLCOMPANY,(O&M) SUB DIVISION,CHAMARAJANAGAR, CHAMUNDEBSHWARI BLBECTRICITY SUPPLCOMPANY,(O&M) SUB DIVISION,CHAMARAJANAGAR, CHAMARAJANAGAR DISTRICT. RBSPONDENTS.

(By Sri.R.G.KOLLE, GA for R.1 & R.3;

sri.GURURAI JOSHI, ADV. FOR R.2 ANDSri.N.K.GUPTA, ADV. FOR R.4 AND R.5)

THIS WP IS FILED U/A.226 & 227 OF THE CONSTITUTIONOF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSEDBY JHE R2 THR CHAIRMAN KARNATAKA STATKH POLLUTIONCONTROLBOARD,BANGALORE|PRODUCED|AT|ANN-B|DT.28.8.12 AND DIRECT THR R2 TO R4 TO DBVELOP THESAFBR ZONE & SHIFT THR PRTITIONBERS STONB CRUSHER TOTHR SAFER ZONK BY CONSI[IDBRING APPLICATIONS VIDE ANN-DT.13.12.12.|

THIS WRIT PRTITION COMING ON FOR PRESLIMINARYHHARINGTHIS|DAY,H.BILLAPPA,J,|MADE,THEROLLOWING:

ORD ER

Sri. R.G. Kolle, learned Government Advocate is directedto take notice for the respondents 1 and 3. Sri. Gururaj Joshi,advocate, is directed to take notice for the respondent No.2.|sri. N.K. Gupta, advocate, is directed to take notice for the|respondents 4 and 5.)

2 |The learned counsel for the parties submit thatthe matter has been covered by the decision of this Court in W.P. No.41009/2012.

3. The petitioner has filed application for grant oflicense on 13.12.2012. The application needs to be|considered within three months. The matter is covered by thedecision of this Court in W.P.No.41069/2012.

4Therefore, the writ petition is disposed of directing the 3[&(]respondent to consider the application of the petitioner 4a vide Annexure - C dated 13.12.2012 within the stipulatedperiod of three months. Consequently, Annexure-B issued bythe 2[;(]respondent is hereby quashed. The respondents aredirected to permit the operation of the petitioner’s unit till thedisposal of the application in accordance with law within thestipulated period of three months.|

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JUDGE

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JUDGE|

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