Karnataka High Court
M/S Apple Stone Crushers vs The State Of Karnataka on 13 November, 2025
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WP No. 33515 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 33515 OF 2025 (GM-MM-S)
BETWEEN:
1. M/S APPLE STONE CRUSHERS
A PARTNERSHIP FIRM
CONSTITUTED UNDER
THE INDIAN PARTNERSHIP ACT, 1932
REP. BY ITS PARTNER -
P. N. CHANNAKRISHNA REDDY
S/O. CHIKKANARAYANA REDDY
AGED ABOUT 68 YEARS
NO.41, PERESANDRA VILLAGE AND POST
CHIKKABALLAPURA - 562 104
Digitally CHIKKABALLAPURA TALUKA AND DISTRICT
signed by ...PETITIONER
SUMATHY
KANNAN (BY SRI RAVINDRA GAJANAN KOLLE, ADVOCATE)
Location: High
Court of AND:
Karnataka
1. THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY
ROOM NO. 320, 3RD FLOOR
VIDHANA SOUDHA
BENGALURU - 560 001.
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2. THE DEPUTY COMMISSIONER AND CHAIRMAN
DISTRICT STONE CRUSHERS LICENSING AND
REGULATION AUTHORITY
CHIKKABALLAPURA
OFFICE OF THE DEPUTY COMMISSIONER
CHIKKABALLAPURA - 562 101
3. THE DEPUTY DIRECTOR AND MEMBER SECRETARY
DISTRICT STONE CRUSHERS LICENSING AND
REGULATION AUTHORITY
DEPARTMENT OF MINES AND GEOLOGY
CHIKKABALLAPURA - 562 101.
...RESPONDENTS
(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION
DIRECTING THE 2ND RESPONDENT DEPUTY COMMISSIONER AS
THE CHAIRMAN OF DISTRICT STONE CRUSHERS LICENSING AND
REGULATION AUTHORITY, TO ISSUE A CERTIFICATE OF
COMPLIANCE IN FORM-B1 BY PUBLISHING A NOTIFICATION
DECLARING THE APPLIED AREA AS SAFER ZONE IN TERMS OF
SEC.6(3) OF STONE CRUSHERS ACT, TO AN EXTENT OF 04-00
ACRES IN GOVERNMENT LAND BEARING SY No.168 OF
VARLAKONDA VILLAGE, GUDIBANDE TALUKA, CHIKKABALLAPURA
DISTRICT, PURSUANT TO A JOINT INSPECTION REPORT DATED
08.01.2025 PRODUCED AT ANNEXURE-C & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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WP No. 33515 of 2025
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. Issue notice.
2. Shri K.S. Harish, the learned Government Advocate accepts
notice for the respondents.
3. The petitioner had made an application for grant of licence
on 04.10.2021 in the prescribed form, to operate a store crusher
unit over an area measuring 4 acres in Government land falling in
Survey No. 168 of Varlakonda village, Gudibande Taluk,
Chikkaballapur District.
4. The petitioner states that he had also submitted a sketch
containing GPS latitude and longitude of the applied area. Although
the said sketch was submitted on 26.12.2024, no immediate steps
were taken. The petitioner claims that he had sent repeated
requests to the third respondent to conduct a joint inspection, which
was finally conducted on 08.01.2025. It is claimed that the
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recommendation has also been made by the concerned authorities.
However, a declaration for a 'safer zone' under Section 6 (3) of the
Regulation of Stone Crushes Act, 2011, has not been issued.
5. The learned counsel for the petitioner has relied on a
judgment of the Co-ordinate Bench of this Court in Writ Petition
Nos.14298/2021 and 14300/2021 (GM-MM-S) decided on
25.08.2021, whereby the said petition seeking similar reliefs was
disposed of in the following terms:
"4. Hence, we dispose of the petitions by passing
the following order:
(i) We direct the Licensing Authority in both the
cases to take a decision on the issue of declaration of
safer zone as required by sub-section (2) of Section 4
read with sub-section (3) of Section 6 of the said Act of
2011 within a maximum period of three weeks from
today;
(ii) If a decision is taken to declare the locations
as falling in safer zone, the certificates to that effect in
Form - B1 prescribed by the said Rules of 2012 shall be
forthwith issued to the petitioners;
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(iii) If the certificates in Form B1 are issued to the
petitioners, they will have to obtain Consent for
Operation from the Karnataka State Pollution Control
Board;
(iv) As and when the Consent for Operation is
produced by the petitioners, the cases of the petitioners
shall be considered by the Licensing Authority in its
immediately next meeting in accordance with sub-
section (2) of Section 6A of the said Act of 2011;
(v) The petitions are disposed of with the above
directions."
6. Learned counsel for the petitioner submits that the present
petition may be disposed of in the aforesaid terms.
7. The learned Government Advocate appearing for the
respondents, readily accepts the said suggestion.
8. In view of the above, we dispose of the present petition by
directing the concerned authorities to take a decision on the issue
of declaration of 'safer zone' as required under Section 6(3) of the
Regulation of Stone Crushers Act, 2011. If the area is found to be
falling within the 'safer zone', the concerned authority shall issue
the necessary certificate / licence in the prescribed form, subject to
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the satisfaction of all other applicable conditions. The aforesaid
order be complied with, within a period of eight weeks from date.
9. The petition is disposed of in the aforesaid terms.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
KS
