PBI CONTRACTORS AND ENGINEERS (STONE CRUSHER) Vs. STATE OF KARNATAKA, DEPARTMENT OF MINES AND GEOLOGY BY ITS SECRETARY AND OTHERS

JUDGEMENT

(1.) SRI Basavaraj Kareddy, learned Principal Govt. Advocate takes notice for Respondent Nos. 1, 3 and 4 and Sri D. Nagaraj, learned counsel takes notice for respondent No. 2. Notice to respondent No. 5 is dispensed with. In this writ petition, the petitioner has sought a direction to the respondents to consider the petitioner's representation dated 17/04/2013 (Annexure "J"), directing the respondents to grant Temporary Licence as per Section 7 of the Karnataka Regulation of Stone Crushers Act, 2011 (hereinafter, referred to as the "Act"), without insisting the petitioner to shift its unit to the safer zone and allow the petitioner to carry on the operation at the present location. He has also assailed the closure Notice dated 25/07/2013 at Annexure -M.

(2.) IT is the case of the petitioner that he has a stone crusher unit M/s. P.B.I. Contractor and Engineers Sy. No. 446, Bailur village, Khanapur Taluk, Belgaum District. That petitioner is a registered partnership company in the registrar of firms, Karvar and it is running Stone Crusher Units, after obtaining consent order dated 28/04/201.2 vide Annexure "A", from the second respondent. That the State Government has entrusted and issued another work order vide its letter dated 17/10/2012 to the petitioner for widening of Magazine Link Road and Construction of RCC Drains in Belgaum City (Construction of Drain and Footpath to South side of Vanita Vidyalaya and Maszid Circle to Agran Talav Circle) under 5054 (Road and Bridges) 2011 -12 - change of work (Work Indent 11079/Call -2) vide letter dated 17/10/2012 at Annexure "C".

(3.) HAVING regard to the prayers made in the writ petition, we are of the view that this writ petition can be disposed of in terms of the order passed in the earlier writ petition in W.P. No. 37278/2013.