M/S Rajath Stone Crusher vs The State Of Karnataka
2021 Latest Caselaw 292 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 6TH DAY OF JANUARY, 2021

                      PRESENT

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

                         AND

THE HON'BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

        WRIT PETITION NO.97 OF 2021 (GM-MM-S)

BETWEEN:
M/S RAJATH STONE CRUSHER
NO.192, HOSAHALLI VILLAGE
HUNASAMARANAHALLI POST
JALA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 562 157
REPRESENTED BY ITS PROPRIETOR
SRI. A. ANANDAGOWDA
AGED ABOUT 43 YEARS
                                        ... PETITIONER
(BY SHRI. PRAKASH .B.S, ADVOCATE)

AND:
1 . THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
COMMERCE AND INDUSTRIES DEPARTMENT
(MSME AND MINES)
VIKASA SOUDHA
BANGALORE - 560 001

2 . THE DEPUTY COMMISSIONER
AND LICENSING AUTHORITY
THE DISTRICT STONE CRUSHER LICENSING AND
REGULATION AUTHORITY
CHIKKABALLAPUR DISTRICT
CHIKKABALLAPUR - 562 103

3 . THE SENIOR GEOLOGIST AND
MEMBER SECRETARY
DEPARTMENT OF MINES AND GEOLOGY
DISTRICT ADMINISTRATIVE BUILDING
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SIDDALAGHATTA ROAD
CHIKKABALLAPUR - 562 103
                                                 ... RESPONDENTS
(BY SHRI. I. TARANATH POOJARY, AGA)
                                   ---
      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE PETITIONER IS ENTITLED TO DEEMED
EXTENSION IN ACCORDANCE WITH THE PROVISIONS OF SUB-
SECTION 5 R/W CLAUSE (ii) OF SUB-SECTION(3) OF SECTION 5
OF THE KARNATAKA REGULATION OF STONE CRUSHERS
ACT, 2011 AS AMENDED BY THE KARNATAKA REGULATION OF
STONE CRUSHERS (AMENDMENT) ACT, 2020 AND ETC.

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:

                               ORDER

Heard the learned counsel appearing for the petitioner.

2. Issue notice to the respondents. The learned Additional

Government Advocate takes notice for the respondents.

3. It is not in dispute that the issue will be governed by the

judgment and order dated 21st October 2020 in W.P.No.11520

of 2020. It is not in dispute that the application for renewal of

licence granted to the petitioner under the Karnataka

Regulation of Stone Crushers Act, 2011, was made before the

expiry of the period of licence.

4. Hence, for the reasons recorded in the said judgment

and order dated 21st October 2020, we pass the following

order:

ORDER

(i) We hold that as the application for renewal was made

by the petitioner before the expiry of the period of licence

granted under sub-section (1) of Section 3 of the said Act of

2011, the petitioner will be entitled to a deemed extension of

the licence in accordance with the provisions of sub-section (2)

of Section 5 read with clause (i) of sub-section (3) of Section 5

of the said Act of 2011 as amended by the Karnataka

Regulation of Stone Crushers (Amendment) Act, 2020;

(ii) The petitioner shall be entitled to the deemed

extension subject to payment of annual regulation fee as may

be prescribed by the State Government;

(iii) The issue whether the land subject matter of the

licence is a forest or a forest land is kept open in the light of the

observations made in this judgment and order;

(iv) The petition is allowed on the above terms.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

*alb/-.