Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 14276 OF 2024 (GM-MM_S) BETWEEN:
1. M. M. SURESH,
S/O LATE SRI MALLESHAPPA, AGED 50 YEARS, RESIDENT OF DODDABEMMATTI VILLAGE, MALLIPATNA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT-573130. …PETITIONER (BY SRI AKSHAY KOLLE, ADVOCATE FOR SRI RAVINDRA GAJANAN KOLLE., ADVOCATE) Digitally signed by VALLI AND: MARIMUTHU Location: High 1. STATE OF KARNATAKA, Court of Karnataka REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA,
2. THE SECRETARY TO GOVT AND REVISING AUTHORITY, DEPARTMENT OF COMMERCE AND INDUSTRIES, VIKAS SOUDHA,
3. THE DIRECTOR AND COMMISSIONER, DEPARTMENT OF MINES AND GEOLOGY, -2- KHANIJA BHAVAN, RACE COURSE ROAD,
4. THE SENIOR GEOLOGIST, DEPARTMENT OF MINES AND GEOLOGY GRAMAPANCHAYAT ROAD, BEHIND RTO OFFICE, SATHYAMANGALAL,
5. THE DEPUTY CONSERVATOR OF FORESTS, HASSAN DIVISION, HASSAN 573201.
6. THE ASSISTANT CONSERVATOR OF FOREST SAKLESHPURA SUB-DIVISION, SAKLESHPURA-573134.
7. THE RANGE FOREST OFFICER, ARKALGUDU DIVISION, ARAKALAGUDU-562101.
8. THE DISTRICT COMMISSIONER AND LICENSING AUTHORITY, DISTRICT STONE CRUSHING UNIT LICENSING AND REGULATION AUTHORITY, HASSAN DISTRICT, …RESPONDENTS (BY SRI S.S. MAHENDRA, GOVERNMENT ADVOCATE; SRI D. NAGARAJ, ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE QUASH THE NOTICE BEARING No. GaBhuE/HiBhuHa/DeemedAranya/KaGaGu Sha/2023-24/4146 -3- DATED 15.02.2024 PASSED BY 4TH RESPONDENT SENIOR GEOLOGIST PRODUCED AT ANNEXURE-A. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Learned advocate Mr. Akshay Kolle for learned advocate Ravindra Gajanan Kolle for the petitioner places on record the memo dated 01.07.2024 seeking permission to withdraw the petition.
2. The memo reads as under,
“In view of the Letter dated 12.06.2024 bearing No.GaBhuE/U.Ni(Kha.Aa)/KaGaGu/Aranya- Department of Mines and Geology (copy enclosed) has requested the Additional Chief Secretary, Forest Department, Govt. of Karnataka to issue directions to revoke the suspension of operations of Quarry & Stone Crusher Units after conducting Joint Survey in respect of Deemed Forests and to reconsider the current list. In this behalf the issue is placed before the District Task Force Committee for reconsideration. In view of this latest development the petitioner seeks to withdraw the above Writ Petition with liberty to file a fresh, to meet the ends of justice.”
3. Permission to withdraw is granted. The petition is dismissed as withdrawn. -4- Any future development will give fresh cause of action to the petitioner. CHIEF JUSTICE JUDGE VBS List No.: 1 Sl No.: 18