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2025 DAILYLAW 70688 (KAR)

SRI. CHELUVARAYASWAMY STONE CRUSHER v. THE DEPUTY COMMISSIONER CUM CHAIRMAN

WP/19617/2025 · 2025-07-23

C M Joshi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27810-DB WP No. 19617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 19617 OF 2025 (GM-MM_S) BETWEEN: SRI CHELUVARAYASWAMY STONE CRUSHER, A PROPRIETARY CONCERN-REP. BY ITS PROPRIETOR SRI C.S. GOPAL GOWDA, AGED ABOUT 62 YEARS, S/O SINGEGAGOWDA, CHINAKURALI TOWN, PANDAVAPURA TALUK, MANDYA DISTRICT-571 401. …PETITIONER (BY SRI LAKAMAPURMATH CHIDANANDAYYA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER-CUM-CHAIRMAN, DISTRICT STONE CRUSHER REGULATION AND LICENCING AUTHORITY, MANDYA DISTRICT, MANDYA-571 401. 2. THE SENIOR GEOLOGIST AND MEMBER-SECRETARY, DISTRICT STONE CRUSHER REGULATION AND LICENCING AUTHORITY, MANDYA DISTRICT, MANDYA-571 401. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (i) CALL FOR Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27810-DB WP No. 19617 of 2025 RECORDS FROM THE RESPONDENTS IN NOT CONSIDERING THE REPRESENTATION DATED 19/06/2025 VIDE ANNEXURE-G OF THE PETITIONER FOR EXTENDING PERIOD OF THE LICENCE NO.36/2018-19 FOR A PERIOD OF 20 YEARS AS SECTION 5 OF THE KARNATAKA REGULATION OF STONE CRUSHERS ACT, 2011 AS SUBSTITUTED BY VIRTUE ACT NO.28/2020 ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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) The petitioner has filed the present petition, inter alia, praying as under:- "(i) Call for records from the Respondents in not considering the representation dated 19.06.2025 vide Annexure-G of the petitioner for extending period of the licence No.36/2018-19 for a period of 20 years as Section 5 of the Karnataka Regulation of Stone Crushers Act, 2011 as substituted by virtue Act No.28/2020; (ii) Issue an order, direction, writ in the nature of mandamus, directing the Respondents to treat Licence No.36/2018-19/3063 (Form-C) Vide Annexure-D granted on 08.02.2019 for a period of 20 years as per Section 5 of the Karnataka Regulation of Stone Crushers Act, 2011 as substituted by virtue Act No.28/2020." - 3 - HC-KAR NC: 2025:KHC:27810-DB WP No. 19617 of 2025 2. Petitioner [Sri. Cheluvarayaswamy Stone Crusher] is inter alia aggrieved by the inaction on the part of respondent Nos.1 and 2 in considering the petitioner's application/representation dated 20.06.2025. It is the petitioner's case that his licence (Licence No.36/2018- 19/3063) ought to be considered as licence for a period of 20 years with effect from 08.02.2019 in terms of the amendment to Section 5(2) of the Karnataka Regulation of Stone Crushers Act, 2011. The petitioner also relied on the decision of a Co-ordinate Bench of this Court in the case of M/s. Ramanjaneya Stone Crusher Vs. State of Karnataka and others1. 3. In view of the above, we consider to dispose of the present petition by directing the respondents to consider petitioner's application/representation bearing in mind the decision of this Court in WP.No.4587/2021 and 1 WP.No.4587/2021, DD 12.03.2021 - 4 - HC-KAR NC: 2025:KHC:27810-DB WP No. 19617 of 2025 other connected matters as expeditiously as possible and preferably within a period of eight weeks from date. 4. Petition is disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 13