LAWS(KAR)-2021-5-25

MAHALAXMI STONE CRUSHER REP. BY ITS PROPRIETOR, MR. BABUGOWDA S. HAVARGI Vs. GOVERNMENT OF KARNATAKA, REPRESENTED BY SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY

Decided On May 05, 2021
Mahalaxmi Stone Crusher Rep. By Its Proprietor, Mr. Babugowda S. Havargi Appellant
V/S
Government Of Karnataka, Represented By Senior Geologist, Department Of Mines And Geology Respondents

JUDGEMENT

(1.) In this petition, petitioner has sought for the following reliefs:

(2.) Heard learned counsel for the petitioner, learned AGA for respondents Nos.1 to 3 and 5 as well as learned counsel for respondent No.4 and perused the material on record.

(3.) In addition to reiterating the various contentions urged in the petition and referring to the documents produced by the petitioner, learned counsel for the petitioner invited our attention to the Certificate in Form No.B1 dated 10.10.2014 issued in favour of the petitioner granting him license to carry on stone crushing operations for a period of 10 years from 18.10.2018 pursuant to which registered quarrying leased/license deed was executed in favour of the petitioner. Subsequently, vide Annexure - E dated 21.10.2019, the respondent No.3 / District Level Stone Crushing Control Committee made a recommendation to respondent No.4 / Karnataka State Pollution Control Board to issue renewed CFO (Consent for operation) Certificate in favour of Stone Crushers including the petitioner whose name is found at Sl.No.12 of the said proceedings. It is pointed out that as per the said proceedings except the persons shown at Sl.Nos.9 and 15, the respondent No.3 recommended and directed issuance of license in Form No.C in favour of various stone crushers including the petitioner.