The State Of Karnataka vs M/S Venkateshwara Stone Crusher
2022 Latest Caselaw 9961 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 29TH DAY OF JUNE, 2022

                     PRESENT
 THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
                        AND
     THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA

          REVIEW PETITION NO. 401/2021
                        IN
      WRIT PETITION NO.10521/2021 (GM-MM-S)

BETWEEN


1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS CHIEF SECRETARY
     GOVERNMENT OF KARNATAKA
     VIDHANA SOUDHA
     BENGALURU-560001

2.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF COMMERCE AND INDUSTRIES
     (MSME AND MINES), VIKASA SOUDHA
     DR. AMBEDKAR VEEDHI
     BENGALURU-560001

3.   THE COMMISSIONER AND DIRECTOR
     DEPARTMENT OF MINES AND GEOLOGY
     KHANIJA BHAVAN
     RACE COURSE ROAD
     BENGALURU-560001

4.   THE SENIOR GEOLOGIST
     DEPARTMENT OF MINES AND GEOLOGY
     KHANIJA BHAVAN
     RACE COURSE ROAD
     BENGALURU-560001
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5.    THE DEPUTY COMMISSIONER AND
      LICENSING AUTHORITY UNDER THE
      KARNATAKA REGULATION OF STONE
      CRUSHERS ACT
      BENGALURU URBAN DISTRICT
      KANDAYA BHAVAN, K G ROAD
      BENGALURU-560009
                                             ...PETITIONERS

(BY SRI S S MAHENDRA, AGA)


AND

1.    M/S VENKATESHWARA STONE CRUSHER
      NO.2732, 17TH B CROSS
      7TH MAIN, BSK 2ND STAGE
      BENGALURU-560070
      BY SRI H N NAGARAJ, PROPRIETOR

2.    M/S N V R V CRUSHERS LLP
      NO.57, 33RD CROSS, 9TH MAIN
      4TH BLOCK, JAYANAGAR
      BENGALURU-560011
      REPRESENTED BY H N VISHWANATH
      PARTNER
                                         ...RESPONDENTS

(BY SMT. G K BHAVANA, ADVOCATE FOR R-1 AND 2)


      THIS REVIEW PETITION IS FILED UNDER ORDER XLVII
RULE 1 OF CPC PRAYING TO REVIEW/MODIFY THE ORDER
DATED    28.07.2021   PASSED     BY   THIS     COURT    IN
W.P.NO.10521/2021 (ANNEXURE-A).


      THIS REVIEW PETITION COMING ON FOR ADMISSION
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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                             ORDER

This review petition arises out of the judgment and order

dated 28.07.2021 passed in W.P.No.10521/2021.

2. Learned Additional Government Advocate appearing

for the review petitioners makes a statement at the Bar that this

review petition has become infructuous as the review petitioners

have already granted the conversion of land under the deeming

provision under sub-section (9) of Section 95 of the Karnataka

Land Revenue Act, 1964.

3. The memo filed today in this regard by learned

Additional Government Advocate is taken on record.

4. The review petition is accordingly dismissed as

having become infructuous.

5. The pending interlocutory applications do not survive

for consideration and are accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE bkv