THE STATE OF KARNATAKA v. SRI PRAKASH BASAVARAJ ALUR
RP/198/2020 · 2025-10-17
C M Poonacha
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 42893 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42893 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:41499-DB RP No. 198 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 198 OF 2020 IN WRIT PETITION No. 47942/2018 (GM-MM-S)
BETWEEN:
1. THE STATE OF KARNATAKA DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA DR. AMBEDKAR VEEDI BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER AND CHAIRMAN DISTRICT STONE CRUSHERS LICENSING AND REGULATION AUTHORITY VIJAYAPUR TALK AND DISTRICT VIJAYAPUR - 586 101. 3. THE COMMANDANT INDIAN RESERVE BATTALION VIJAYAPUR - 586 101. …PETITIONERS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
Digitally signed by AMBIKA H B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:41499-DB RP No. 198 of 2020
AND:
1. SRI PRAKASH BASAVARAJ ALUR S/O BASAVARAJ @ BASAVANTHAPPA AGED ABOUT 51 YEARS PROPRITOR OF M/S. SHUBHAM STONE CRUSHER R/O SHUBALAYA NILAYA OPP. ITI COLLEGE SOLAPUR ROAD VIJAYAPUR VIJAYAPURA DISTRICT - 586 101. 2. KARNATAKA STATE POLLUTION CONTROL BOARD 'PARISARA BHAVANA' 1ST TO 5TH FLOOR 49, CHURCH STREET BANGALORE - 560 001. (AMENDED AS PER ORDER DATED 20/01/2025)
…RESPONDENTS (BY SRI S.Y. SHIVALLI, ADVOCATE FOR R-1 & SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-2)
THIS REVIEW PETITION IS FILED UNDER SECTION 114 R/W ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE, 1908 PRAYING TO REVIEW THE ORDER DATED 25TH APRIL 2019 PASSED IN THE SAID WRIT PETITION NO. 47942/2018 (GM-MM-S) & ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2025:KHC:41499-DB RP No. 198 of 2020
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The review petitioners have filed the present petition seeking review of the order dated 25.04.2019 passed by a Division Bench of this Court in Writ Petition No.47942/2018 (GM-MM-S). The operative part of the said order reads as under:
"Accordingly, impugned proceedings dated 18.08.2018 as per Annexure-L are quashed so far as petitioner's case is concerned and respondents are directed to issue C Form to the petitioner. We direct compliance of this order in eight weeks."
2.
The review petitioners are aggrieved by the said direction as C Form cannot be issued for several reasons, including that the respondent has removed the machinery from the site and there is no longer establishment to run any crushing unit. 3. The learned counsel appearing for the respondent concedes to the review petitioners' contention and states, on instructions, that
- 4 -
HC-KAR NC: 2025:KHC:41499-DB RP No. 198 of 2020
it be clarified that the observations made in paragraph 4 will not be operative. 4. In view of the above, we recall the order directing the respondents to issue C Form to the writ petitioner. 5. The review petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
AHB List No.: 1 Sl No.: 17