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2014 DIGILAW 27 (KAR)

C. M. NAGARAJU v. STATE OF KARNATAKA

2014-01-08

B.V.NAGARATHNA, D.H.WAGHELA

body2014
Order : D.H.WAGHELA, CJ (ORAL) : 1. The petitioner, engaged in the business of quarrying of building stones and supply of boulders and jelly for construction activities, is stated to have been granted quarrying lease for five years on Government karab land in Sy.No. 100 of Bettahalasuru Village, Bangalore North Taluk, since 2010. The petitioner is also stated to have established a stone crusher unit with necessary approvals. The petition is made with the following prayers: “Wherefore, it is prayed that this Hon’ble Court may kindly be pleased to : (i) issue a writ of certiorari quashing the notice issued by the 3rd respondent bearing No. HIBHUBI: GA: BHUE: BENAJI: 914/201314 dated 17.10.2013 (produced as Annexure ‘A’); (ii) issue a writ of mandamus directing the respondent authorities to issue Mineral Dispatch Permits in favour of the petitioner, for transporting or utilizing the building stone materials stocked at stone crusher unit area; (iii) issue such other writ, order or direction as deemed fit in the circumstances of the case.” 2. Out of the above prayers, the first prayer is not pressed. As for the second prayer for a direction to the respondent authorities to issue Mineral Dispatch Permits in favour of the petitioner, for transporting or utilizing the building stone materials stocked at stone crusher unit, it was fairly conceded by learned senior advocate Sri Ashok Haranahalli, appearing for the petitioner, that the application required to be made in the prescribed form under Rule 42 of the KMMC Rules, 1994 is, as yet, not made under some misconception or misapprehension. 3. Learned A.G.A. Sri Narendar, appearing for the respondents, submitted that, irrespective of the issues raised in the notice dated 17.10.2013 and the decision thereon, the petitioner is at liberty to make appropriate application in Form-AP along with the processing fee for Mineral Dispatch Permits/Trip Sheets for transportation of the mineral and as and when such application is made, it shall be considered and the facts therein shall be verified in accordance with the rules for issuing the permit, if the competent authority is satisfied and the applicant is entitled for a permit in accordance with the provisions of Rule 42. 4. Upon the above statement being made and recorded, it is now for the petitioner to make appropriate application and it would be for the respondents to process it as aforesaid, in accordance with law. 5. 4. Upon the above statement being made and recorded, it is now for the petitioner to make appropriate application and it would be for the respondents to process it as aforesaid, in accordance with law. 5. Accordingly, the petition is disposed recording the above statement, without prejudice to the rights of the respondents to proceed further with the impugned notice and take appropriate action in accordance with law, after taking into consideration the reply of the petitioner.