K. RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Issue notice. Sri S.S.Mahendra, the learned Additional Government Advocate accepts notice for the respondents.

(2.) Being aggrieved by the notice dtd. 20/9/2022 issued by respondent No.3-The Member Secretary and Deputy Director, Department of Mines and Geology, Tumakuru, calling upon the petitioner to temporarily suspend the stone crusher unit in Sy.No.65 measuring 3 acres of Kolaghatta Village in Turuvekere Taluk, Tumakuru District, the present petition is filed.

(3.) The learned counsel for the petitioner submits that the sole ground to challenge the impugned notice is that respondent No.3 was not possessing the requisite power to issue the same. He submits that as per Sec. 8 of the Karnataka Regulation of Stone Crushers Act, 2011 (for short 'the said Act of 2011), there is a Regulatory Authority consisting of 7 members and the Deputy Director or the Senior Geologist, Department of Mines and Geology is the Member Secretary. He further submits that the impugned notice is not issued by the officer concerned exercising his power as Member Secretary of the Regulatory Authority and as such, it is void ab initio. He also submits that in identical circumstances, this Court has set aside a similar notice which was not issued by the officer in the capacity of Member Secretary.