BRAMHALINGESHWARA STONE CRUSHERS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition, the petitioner inter alia seeks a writ of certiorari for quashment of the communication dtd. 1/6/2022 issued by the Deputy Conservator of Forest as well as a writ of mandamus directing not to interfere with the land of the petitioners to conduct crushing operation on the land in question. In addition, the petitioner seeks a writ of mandamus directing Senior Geologist to issue permits for transporting final products.

(2.) Facts giving rise to filing of this writ petition briefly stated are that one Eregowda was the owner of land bearing Sy.No.73 situate in Neelankoppalu Village, Srirangapatna Taluk, Mandya District (hereinafter referred to as 'the schedule land' for short). He sold the said land to the petitioner. The Tahsildar by a saguvalli Chit dtd. 10/9/1987 granted land bearing Sy.No.18 measuring 2 acres 1 gunta in favour of the petitioner. The petitioner wanted to set up a stone crusher unit. He therefore, submitted an application to the Assistant Commissioner, Mandya for grant of conversion under Sec. 95 of the Karnataka Land Revenue Act, 1964. The Assistant Commissioner by an order dtd. 16/12/1992 permitted the use of land for establishing stone crusher unit.

(3.) The petitioner thereafter submitted an application to the District Licencing Authority for issuance of licence in Form-C for setting up a stone crushing unit. The licence was granted to the petitioner by an order dtd. 28/11/2018, which is valid upto 31/3/2024. However, the aforesaid licence was cancelled by an order dtd. 31/7/2021 by the Deputy Commissioner-cum-Chairman, District Stone Crushers Licensing and Regulation Authority.