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NC: 2026:KHC:16298-DB WP No. 20608 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF MARCH, 2026

PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 20608 OF 2022 (GM-MM/S)

BETWEEN:

M/S. N.R.BUILDERS STONE CRUSHER OFFICE AT: "OM SAI NIVAS"

4TH MAIN, 2ND CROSS, MAHALAKSHMI LAYOUT

TUMKUR-572106 REPRESENTED BY ITS PROPRIETOR

SRI. A.C.RAJASHEKAR …PETITIONER

(BY SRI. UDAYA HOLLA, SENIOR ADVOCATE A/W Digitally SRI. BHAT GANAPATHY NARAYAN, ADVOCATE)

signed by NIRMALA AND: DEVI

Location:

HIGH 1. THE STATE OF KARNATAKA COURT OF REPRESENTED BY ITS PRINCIPAL SECRETARY, KARNATAKA DEPARTMENT OF COMMERCE AND

INDUSTRIES VIKASA SOUDHA,

BENGALURU-560001.

2. THE DEPUTY COMMISSIONER AND CHAIRMAN LICENSING AUTHORITY,

STONE CRUSHERS REGULATION COMMITTEE, TUMKUR DISTRICT,

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TUMKUR-572101.

3. THE DEPUTY DIRECTOR LICENSING AUTHORITY,

STONE CRUSHERS REGULATION COMMITTEE, TUMKUR DISTRICT,

TUMKUR-572101.

4. THE DIRECTOR DEPARTMENT OF MINES AND GEOLOGY

KANIJA BHAVAN, BENGALURU-560001.

5. THE REGIONAL COMMISSIONER BENGALURU DIVISION

K.H.ROAD, SHANTHINAGAR BENGALURU-560027.

…RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE ORDER QUASHING THE IMPUGNED ORDER DATED 26.07.2022 IN CASE NO. GANI ( APPEAL) NO. 2/2022, PASSED BY THE 5TH RESPONDENT, AS PER ANNEXURE -R, IN THE

INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and

HON'BLE MR. JUSTICE C.M. POONACHA

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NC: 2026:KHC:16298-DB WP No. 20608 of 2022

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ORAL ORDER

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. The present writ petition is filed seeking for the

following reliefs:

"Wherefore, the petitioner most respectfully prays that his Hon'ble Court may pleased to :

1. Issue a Writ of Certiorari or any appropriate order quashing the impugned order dated 26.07.2022 in case No. GANI (Appeal) No. 2/2022, passed by the 5th respondent, as per Annexure -R, in the interest of justice and

equity.

2. Issue a Writ of Certiorari or any appropriate order quashing the impugned proceedings dated 16.03.2022, passed by the respondent No.2, as per Annexure -z, in the interest of

justice and equity.

3. Issue Writ of Mandamus or any appropriate order or direction directing the 2^nd and 3^rd respondent that the license granted to the petitioner dated 23.11.2013 valid up to 22.11.2018 is deemed to have been extended for a period of twenty years from the date of grant in view of the bearing Sl. No. DPAL 19 SHASANA 2020, Bengaluru, dated 31.03.2020 Karnataka Ordinance No. 03/2020, the Karnataka Regulation of Stone Crushers (Amendment) Ordinance, 2020 issued by the respondents under Section 5 (2) and (3) of the Karnataka Stone Crusher act, as per Annexure -K, in respect of existing stone crusher unit situated in the schedule

land to be declared.

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4. Grant such other relief's as this Hon'ble Court deems fit to grant on the facts and circumstances of the case, in the interest of

justice and equity."

2. The petitioner is the owner of an extent of 2 acres 28

guntas of land in Sy.No.19/1 of Mydala Village, Tumakuru Taluk, Tumakuru District [subject property], out of which, an extent of 1 acre 28 guntas has been converted from agricultural to industrial purposes. The petitioner was granted licence to establish a Stone Crusher Unit in the converted portion of the subject property on 23.11.2013, which was valid for a period of 3 years i.e., up to 22.11.2016. The said land was also declared as safer zone by the second respondent – Deputy Commissioner and Chairman, Licensing Authority, Stone Crushers Regulation Committee, vide

notification dated 01.01.2014.

3. Section 5 of the Karnataka R