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2025 DAILYLAW 17736 (KAR)

M/S. VENKATESHWARA STONE CRUSHER v. THE STATE OF KARNATAKA

WP/4774/2025 · 2025-02-19

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:7345 WP No. 4774 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4774 OF 2025 (GM-RES) BETWEEN: M/S. VENKATESHWARA STONE CRUSHER NO. 2732, 17TH B CROSS, 4TH MAIN, BSK 2ND STAGE, BENGALURU - 560 070. REPRESENTED BY ITS PROPRIETOR, SRI. M. NAGESH, S/O MUNICHINNAPPA, AGED ABOUT 58 YEARS. …PETITIONER (BY SRI. NAVEED AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DIRECTOR DEPARTMENT OF COMMERCE AND INDUSTRIES, KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. 3. THE JOINT DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7345 WP No. 4774 of 2025 KANIJA BHAVAN, RACE COURSE ROAD, BENGALURU - 560 001. 4. THE DEPUTY DIRECTOR DEPARTMENT OF MINES AND GEOLOGY, APPAJI LAYOUT, KOTTIPURA VILLAGE, RAMANAGAR - 562 159. 5. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY, V.V.TOWER, BENGALURU - 560 001. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CIRCULAR DATED 17.01.2023 BEARING SI.NO.GA.BHU.E/E-CELL/2022-23/7761 AT ANNEXURE-B AND IMPUGNED CIRCULAR DATED 03.03.2023, BEARING SL.NO.GA.BHU.E/E-CELL/2022-23/14098-14131 AT ANNEXURE- C, ISSUED BY THE R-2, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for all the respondents. - 3 - NC: 2025:KHC:7345 WP No. 4774 of 2025 2. The grievance of the petitioner is directed towards the impugned circulars dated 17.1.2023 at Annexure-B and the circular dated 03.3.2023 at Annexure-C, which mandate the installation of GPS (Global Positioning System) in their vehicles and registered in One State with One GPS portal for the transportation of mines and minerals. 3. Learned High Court Government Pleader brings to the notice of this Court a decision rendered in the case of Smt. Mangala and Others Vs. State of Karnataka and Others in WP No.100775/2024 at the Dharwad Bench, which was rendered on 08.02.2024. It is submitted that similar petition was dismissed while observing that if the GPS system is installed in their vehicles, no harm or prejudice will be caused to the petitioner. It was recorded that the cost of the GPS system would only be about Rs.1000/- and it would not impact the petitioner adversely, so as to cause financial constraint. It was also held that there is no restriction when the vehicle is not used for transport of mines and minerals in the vehicle. The GPS system was directed to be put in place to record the movement of the vehicle carrying mines and minerals, which cannot be construed as any restriction placed on the petitioner. - 4 - NC: 2025:KHC:7345 WP No. 4774 of 2025 Learned High Court Government Pleader would therefore submit that the writ petition may be dismissed in similar terms. 4. Having regard to the decision already rendered by a Coordinate Bench of this Court, this Court is of the considered opinion that the writ petition should accordingly be disposed of in terms of the orders passed in W.P.No.100775/2024. 5. Accordingly, the writ petition stands disposed of in terms of the orders passed in WP No.100775/2024. In view of the disposal of the main matter, I.A.No.1/2025 does not survive for consideration and the same stands disposed of. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 10 CT: BHK