The court held that the decision to renew a license for stone crushing is independent of geological objections, requiring reconsideration by the Panchayat.

JUDGMENT

This writ petition is filed with following prayers:

i. issue a Writ of Certiorari or any other Writ, Order or Direction to quash Exhibits-P8;

ii. Issue a writ of Mandamus or any other writ, Order or Direction commanding and compelling the 1st respondent to issue renewed license to the petitioner to operate crusher unit forthwith;

iii. to dispense with translation of vernacular documents;

iv. to issue such other Writ, Order or Direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.

(SIC)

2. This writ petition is filed challenging Ext.P8 decision of the 1^st respondent Panchayat. The 1^st respondent Panchayat passed Ext.P8 based on the direction in Ext.P7 judgment. It will be better to extract the relevant portion of Ext.P7 judgment:

“3. The learned counsel appearing for the petitioner, however, brings to my notice the counter affidavit filed by the third respondent Geologist, who submits that as regards the granting of IFTE & OS licence from the second respondent Panchayat, the said issue does not come under the purview of the Geologist as it concerns to the grant of renewal of the licence to operate a stone crusher and not for quarrying/mining operations.

In view of the above, there will be a direction to the second respondent to reconsider the issue of renewal of the licence of the crusher unit, belonging to the petitioner and not for quarrying operations in accordance with law. It will be open to the second respondent to get clarification, if required, either from the first respondent or the third respondent Geologist. Orders shall be passed on the application preferred by the petitioner for renewal within six weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.”

3. This Court, having considered the petitioner’s contention that the Geologist has no say in the grant of renewal of the licence to operate the stone crusher, the direction is issued. But again the Panchayat decided the matter stating that there is an objection from the Geologist. I think the matter is to be reconsidered by the Panchayat once again in the light of the direction in Ext.P7 judgment.

Therefore, this Writ Petition is disposed of in the following manner:

1. Ext.P8 is set aside.

2. The 1^st respondent is directed to reconsider the matter in the light of the direction in Ext.P7 judgment, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment.

sd/-