Sri R Niranjana vs The State Of Karnataka

                         -1-



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 31ST DAY OF MAY, 2021

                      PRESENT

   THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                         AND

    THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ

       WRIT PETITION NO.9167 OF 2021 (GM-MMS)

BETWEEN:
SRI R. NIRANJANA
S/O SRI K.RUDRAPPA
AGED ABOUT 42 YEARS
R/AT GURU KRUPA NILAYA
1ST MAIN ROAD, VIDYANAGARA
CHITRADURGA - 577 502
                                        ... PETITIONER

(BY SHRI GANAPATI BHAT VAJRALLI, ADVOCATE)

AND:
1. THE STATE OF KARNATAKA
   REP. BY ITS CHIEF SECRETARY
   VIDHANA SOUDHA
   DR. B.R. AMBEDKAR VIDHI
   BENGALURU - 560 001

2. THE PRINCIPAL SECRETARY
   DEPARTMENT OF MINES AND GEOLOGY
   VIDHANA SOUDHA
   DR. B.R. AMBEDKAR VIDHI
   BENGALURU - 560 001

3. THE PRINCIPAL SECRETARY
   DEPARTMENT OF FOREST
   VIDHANA SOUDHA
   DR. B.R. AMBEDKAR VIDHI
   BENGALURU - 560 001
                           -2-



4. THE LICENSING AUTHORITY/PRESIDENT
   AND DEPUTY COMMISSIONER
   DISTRICT STONE CRUSHER LICENSING AND
   CONTROLLING AUTHORITY
   REP. BY DEPUTY COMMISSIONER
   CHITRADURGA - 577501

5. THE DIRECTOR
   DEPARTMENT OF MINES AND GEOLOGY
   KANIJA BHAVAN
   BENGALURU - 560 001

6. THE DEPUTY DIRECTOR
   DEPARTMENT OF MINES AND GEOLOGY
   CHITRADURGA TALUK
   CHITRADURGA DISTRICT - 577501

7. THE DEPUTY CONSERVATOR OF FOREST
   CHITRADURGA TALUK
   CHITRADURGA DISTRICT - 577501

8. THE RANGE OFFICER
   WILDLIFE RANGE
   CHITRADURGA - 577501
                                      ... RESPONDENTS
(BY SHRI S.S.MAHENDRA, AGA)



     THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

QUASH THE IMPUGNED ORDER DATED 30TH JULY 2019

ISSUED BY THE 6TH RESPONDENT AS PER ANNEXURE-L IN

RESPECT OF SCHEDULE QUARRY LEASE AND CRUSHER UNIT

AND ETC.



     THIS PETITION COMING ON FOR ORDERS THROUGH

VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE

FOLLOWING:
                                   -3-




                                ORDER

Issue notice. The learned Additional Government Advocate takes notice for the respondents.

2. This petition will be governed by the judgment and order delivered today (31st May 2021) in W.P.No.9158/2021. For the reasons recorded in the said judgment and order, we pass the following order:

(a) The impugned order/notice at Annexure-L dated 30th July 2019 is hereby quashed and set aside only on the ground that in the facts and circumstances of the case, the Deputy Director of the Mines and Geology Department had no power to suspend the operations under a subsisting quarrying lease and the crushing activities under a subsisting licence under Section 3 of the said Act of 2011;

(b) However, this judgment and order will not preclude the concerned respondents from initiating proceedings for cancellation of the lease or licence, as the case may be, in accordance with law;

(c) We make it clear that we have made no adjudication on the factual assertions made in the impugned order/notice. All the issues are kept open to be decided in the appropriate proceedings;

(d) Accordingly, the petition is disposed of on the above terms;

(e) The pending interlocutory application does not survive and is accordingly disposed of.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE SN