K RAMACHANDRA MAYYA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) An order dated 19-1-1985 of the District Magistrate, Dakshina Kannada exercising his powers under Section 133 of the Criminal Procedure Code is called in question in this petition filed under Section 482 of the Criminal Procedure Code (the Code).

(2.) By that order the learned District Magistrate has directed this petitioner to stop immediately the stone quarrying operation which was being done by him in Sy.No. 129/1B and perhaps in the adjoining lands in the village of Kallamundakar of Karkala Taluk and has called upon him to show cause within 10 days from the date of the order as to why that order should not be made absolute.

(3.) It is mentioned in the order that that direction is given by him under Section 133(1) (b) & (c) of the Code. 3(a). Granite/rock is a mineral and to quarry the same on a commercial scale licence from the State Government is required. Under a licence obtained from the Director of Mines the petitioner has been carrying on quarrying operations in the area aforesaid. This operation consists of blasting of the rock by dynamiting and cutting of stones, dressing the same etc. The contention by the learned Addl. State Public Prosecutor, on behalf of the District Magistrate (1st respondent) is that the District Magistrate had received number of complaints from neighbouring residents that the quarrying operation by the petitioner was causing great danger to their lives and properties and therefore it should be stopped. The Public Prosecutor says that the blasting of the rock and dressing etc., of the same on such a scale was resulting in stone chips, of all sizes flying over a vast low lying areas wherein houses and fields are situate and that many a time these chips some bigger ones - had fallen on houses, cattle sheds etc., and had caused a lot of damage to the people.