M/S LAKSHMI NARASIMHA STONE CRUSHERS v. THE STATE OF KARNATAKA
WP/17539/2025 · 2025-08-23
C M Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40252 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40252 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33217-DB WP No. 17539 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 17539 OF 2025 (GM-MM_S) BETWEEN:
M/S LAKSHMI NARASIMHA STONE CRUSHERS, REP. BY ITS PROPRIETOR, MR.NAGRAJ, SON OF MALLANNA, AGED ABOUT 51 YEARS, JAYAMMA ESTATE, SRINIVASPURA, YELAHANKA, BENGALURU-560 064. …PETITIONER (BY SRI MAHENDRA S S, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REP. BY ITS PRINCIPLE SECRETARY (MINES), DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA, 1ST FLOOR, BENGALURU-560 001.
2.
THE DISTRICT STONE CRUSHERS LICENSING AND REGULATING AUTHORITY, REP. BY ITS CHAIRMAN, THE DEPUTY COMMISSIONER, DISTRICT OFFICES COMPLEX, SHIDLAGHATTA ROAD, CHIKKABALLAPURA-562 101. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INIDA PRAYING TO ISSUE A WRIT IN THE
Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:33217-DB WP No. 17539 of 2025
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT
ORDER OR DIRECTION DIRECTING THE RESPONDENT No-2, THE DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY, CHIKKABALLAPURA DISTRICT TO CONSIDER THE REPRESENTATION DATE 10.05.2025 (12.05.2025) VIDE ANNEXURE- A AND TO ISSUE THE STONE CRUSHER LICENSE IN FORM-C IN ACCORDANCE WITH THE RESOLUTION DATED 08.04.2025, PASSED UNDER SECTION 6 A(2) OF THE KARNATAKA REGULATION OF STONE CRUSHERS (AMENDMENT) ACT 2013.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition inter alia praying as under:
"a) Issue a writ in the nature of Mandamus or any other appropriate writ, order, or direction, directing Respondent No.2-The District Stone Crushers Licensing and Regulation Authority, Chikkaballapura District to consider the representation dated 10.05.2025 (12.05.2025) vide Annexure-A and to issue the Stone Crusher Licence in Form-C in accordance with the resolution dated 08.04.2025, passed under Section 6A(2) of the Karnataka Regulation of Stone Crushers (Amendment) Act, 2013;
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HC-KAR NC: 2025:KHC:33217-DB WP No. 17539 of 2025
b) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the interest of justice and equity."
2. The petitioner claims that on 01.07.2014, it has submitted its application under the provisions of the Karnataka Regulation of Stone Crushers Act, 2011 for seeking stone crusher licence on a land described as comprising in Sy.No.436 of Yelagalahalli Village measuring 1.12 acres. Thereafter, on 07.04.2016, the licencing authorities issued Form-B1 and then called upon the petitioner to obtain Consent for Operation [CFO] from the Karnataka State Pollution Control Board [KSPCB]. The CFO was issued by KSPCB on 08.03.2017. Thereafter, on 06.07.2024, the office memorandum was issued for conversion of the subject land from agricultural to non-agricultural use. The petitioner claims that on 08.04.2025, the concerned authority also resolved on 08.04.2025 to grant the Stone Crushers Licence in Form-C under Section 6A(2) of the Karnataka Regulation of Stone Crushers (Amendment) Act, 2013. The petitioner states that although considerable time has since elapsed, the licence in Form-C has not been issued yet.
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HC-KAR NC: 2025:KHC:33217-DB WP No. 17539 of 2025
3. In view of the above, we direct the concerned authorities/respondents to issue the licence as prayed for within a period of four weeks from today and in the event, the licence cannot be issued for any reason, to communicate the reason for the same within the said period. The petition is disposed of in the aforesaid terms.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
NR/- List No.: 1 Sl No.: 47