M/S Sri Lakshmi Srinivas Stone ... vs The State Of Karnataka
2023 Latest Caselaw 883 Kant

  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY 2023

                      PRESENT

THE HON'BLE MR. PRASANNA B. VARALE, CHIEF JUSTICE

                         AND

        THE HON'BLE MR. JUSTICE ASHOK S. KINAGI


     WRIT PETITION NO.17945 OF 2022 (GM-MMS)

BETWEEN:

M/S SRI. LAKSHMI SRINIVAS STONE INDUSTRY
A PROPRIETOR CONCERN
HAVING ITS OFFICE AT
HOUSE NO 2670/13, PRAGATHI NILAYA
OPPOSITE DEVARAMMANAHALLI LAYOUT
MALLIKARJUNA TEMPLE
NANJANGUD TOWN,
NANJANGUD TALUK,
MYSURU DISTRICT 571301
REP. BY ITS PROPRIETOR
SRI P HEMACHANDRA
                                           ...PETITIONER
(BY SRI. SUNIL S. RAO, ADVOCTE FOR
    SRI. T. SESHAGIRI RAO, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       DEPT. OF COMMERCE AND INDUSTRIES
       REP. BY SECRETARY
       VIKASA SOUDHA
       BENGALURU 560001
                          2




2.   THE SENIOR GEOLOGIST
     DEPARTMENT OF MINES AND GEOLOGY
     NO 04, GAGANACHUMBI JODI ROAD
     KUVEMPUNAGAR,
     MYSORE 572102

3.   THE DEPUTY COMMISSIONER
     KRISHNARAJA BOULEVARD ROAD
     MYSURU DISTRICT,
     MYSORE 570001

4.   THE DEPUTY DIRECTOR
     DEPARTMENT OF MINES AND GEOLOGY
     No. 04, GAGANACHUMBI JODI ROAD
     KUVEMPUNAGAR
     MYSORE 572102.

5.   THE DISTRICT TASK FORCE (MINES) COMMITTEE
     HEADED BY DEPUTY COMMISSIONER
     MYSURU AS ITS CHAIRMAN
     O/O THE DEPUTY COMMISSIONER
     MYSURU KRISHNARAJA BOULEVARD ROAD
     MYSURU DISTRICT
     MYSURU 570001

6.   SRI H S DINESH
     S/O SRI H M SWAMY AND LATE P S SUVARNA
     AGED ABOUT 54 YEARS,
     RESIDING AT HIRIKATI VILLAGE
     CHIKKATI POST
     BEGURU HOBLI
     GUNDLUPET TLAUK
     CHAMARAJANAGARA DISTRICT
     MYSURU 571313
                                       ....RESPONDENTS
(BY SRI. S.S. MAHENDRA, AGA FOR R1 TO R5
    SRI. S.M. BABU, ADVOCATE FOR R6))


    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
                                3




ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR
ORDER, QUASHING THE        IMPUGNED ORDER DATED
30.08.2022 ONE PASSED BY THE RESPONDENT NO. 2 IN
CASE NO. GaBhuE/HeBhuMy/HIMBARAHA/791/2022-23 TO
THE WRIT PETITION AND ETC.

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

                            ORDER

By way of present petition, an order of the

respondent-authority in the nature of endorsement dated

30.08.2022, whereby the application of the petitioner for

crushing unit was kept in abeyance, is challenged. As

the application was kept in abeyance, the authority in the

endorsement referred to certain proceedings, namely, an

order passed by the learned Civil Judge,

Chamarajanagar, and an appeal in R.A.No.11/2014.

2. At this stage, the learned counsel for the

petitioner submits that the appeal was decided and the

said order was subjected to further challenge in the

second appeal. The learned counsel, on instructions,

further submits that vide the judgment passed in the

second appeal, the matter was remitted back to the First

Appellate Court for decision afresh.

3. In view of these facts, at the most, we can

dispose of this appeal as dismissed with liberty to the

petitioner to take appropriate steps in the pending appeal

by submitting an application, etc., if so advised.

4. With these observations and liberty, the petition

is dismissed.

In view of disposal of the writ petition, pending

IAs., if any, do not survive for consideration and are

accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

RD