Sri G C Shekar vs The State Of Karnataka
2022 Latest Caselaw 4778 Kant

Citation : 2022 Latest Caselaw 4778 Kant
Judgement Date : 15 March, 2022

Karnataka High Court

Sri G C Shekar vs The State Of Karnataka on 15 March, 2022

Bench: Chief Justice, S R.Krishna Kumar

                            -1-


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 15TH DAY OF MARCH, 2022

                      PRESENT

THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                         AND

   THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

   WRIT PETITION NO.24356 OF 2021 (GM-MMS)

BETWEEN:
1. SRI G.C.SHEKAR
   S/O SRI G.CHANDRAPPA
   AGED ABOUT 40 YEARS
   R/AT SIDDARAMESHWARA CIRCLE
   BRUJANAHATTI
   CHITRADURGA TOWN
   CHITRADURGA DISTRICT - 577 501

2. SMT. SHARADAMMA STONE CRUSHERS
   OFFICE AT: SIDDARAMESHWARA CIRCLE
   BRUJANAHATTI
   CHITRADURGA TOWN
   CHITRADURGA DISTRICT - 577 501
   REPRESENTED BY ITS PROPRIETOR
   SMT. SHARADAMMA
                                       ... PETITIONERS
(BY SRI BHAT GANAPATHY NARAYAN, ADVOCATE)


AND:
1. THE STATE OF KARNATAKA
   REPRESENTED 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
                             -2-


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

4. THE LICENSING AUTHORITY/PRESIDENT
   AND DEPUTY COMMISSIONER
   DISTRICT STONE CRUSHER LICENSING
   AND CONTROLLING AUTHORITY
   CHITRADURGA - 577 501

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 - 577 501

7. THE DEPUTY CONSERVATOR OF FOREST
   CHITRADURGA TALUK
   CHITRADURGA DISTRICT - 577 501

8. THE RANGE OFFICER
   WILDLIFE RANGE
   CHITRADURGA - 577 501
                                         ... RESPONDENTS
(BY SRI S.S.MAHENDRA, ADDITIONAL GOVERNMENT ADVOCATE)
                             ---

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI OR ANY APPROPRIATE ORDER QUASHING
THE   IMPUGNED   NOTICE    OF    SUSPENSION        ORDER    DATED
                                       TH
30.07.2019   ISSUED   BY   THE     6        RESPONDENT,    AS   PER
ANNEXURE-H, IN RESPECT OF SCHEDULE QUARRY LEASE AND
CRUSHER UNIT AND ETC.


      THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
                                 -3-


                              ORDER

Heard.

2. The writ petition has been filed seeking the following

reliefs:

"i) Issue Writ of Certiorari or any appropriate order quashing the impugned Notice of Suspension Order dated 30.07.2019 bearing Sl.No.GA.BHU. EI/UI.NI.CHI/ KA.GA.GHU/ - 577/ ECO/ 2019-20/3645, issued by the 6th respondent, as per Annexure-H, in respect of schedule quarry lease and crusher unit, in the interest of justice and equity.

      ii)      Issue Writ of Mandamus or any
               appropriate     direction   to    the   6th
               respondent     to    permit   the    quarry

operations in the schedule property, in the interest of justice and equity.

iii) Grand such other relief's as this Hon'ble Court deems fit to grant on the facts and circumstances of the case, in the interest of justice and equity."

3. Learned counsel for the petitioners submits that the

impugned order dated 30.07.2019 has been passed by the

Deputy Director, Department of Mines and Geology,

Chitradurga stopping the mining activities of the petitioners'

mining lease. It is submitted that under the similar facts

and circumstances in Writ Petition No.9166/2021 (GM-

MMS) (STAR STONE CRUSHER vs. THE STATE OF KARNATAKA

AND OTHERS) the Court, vide judgment and order dated

31.05.2021, has held that the Deputy Director of Mines and

Geology Department has no power to suspend the

operations under a subsisting quarrying lease and the

crushing activities under the subsisting licence under

Section 3 of the Karnataka Regulation of Stone Crushers

Act, 2011. The Court has given liberty to the respondents

to initiate proceedings for cancellation of lease or license,

as the case may be, in accordance with law.

4. The order dated 31.05.2021, for convenience is

reproduced below:

"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;