ROBO SILICON LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) We have heard the submissions of the learned counsel appearing for the petitioner and also the learned High Court Government Pleader appearing for the respondents on 19th August 2019.

(2.) The factual controversy is very brief. The petitioner was granted a licence in accordance with the provisions of the Karnataka Regulation of Stone Crushers Act, 2011 (for short 'the said Act of 2011'). The licence was granted on 19th March 2015 for a period of five years in terms of Section 5 of the said Act of 2011. The licence was valid upto to 31st March 2019. On 1st January 2019, the petitioner applied for the renewal of licence. On 28th March 2019, the second respondent cancelled the mining licence granted to the petitioner. By the order dated 25th April 2019 passed in the writ petition filed by the petitioner, the said order was set aside. On 24th May 2019, the second respondent proceeded to cancel the licence granted to the petitioner. The prayer in this petition under Articles 226 and 227 of the Constitution of India is for issuing a writ of mandamus directing the second and third respondents to consider the application filed for renewal of licence under the said Act of 2011. The prayer is for renewal of licence in terms of the application dated 1st January 2019 (Annexure-A) and CForm for renewal dated 14th June 2019 (Annexure-B).

(3.) The objection of the learned High Court Government Pleader is that the application for renewal was not made three months before the expiry of the licence in accordance with subsection