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M/S Janapriya Stone Crusher vs. State Of Karnataka

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WP/24151/2025HC KarnatakaGSTCNR KAHC01052324202515 September 2025Bench: CHIEF JUSTICE,C M JOSHI4 pages
For Petitioner: SRI CHANDRASHEKAR C., ADVOCATEFor Respondent: SMT. NILOUFER AKBAR, AGA

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Cause title — parties, addresses and appearances
- 1 - HC-KAR NC: 2025:KHC:36596-DB WP No. 24151 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 24151 OF 2025 (GM-MM_S) BETWEEN: 1. M/S JANAPRIYA STONE CRUSHER, A PARTNERSHIP FIRM, AT NO.476, YELAGALAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPURA TALUK & DISTRICT-562 101. REP. BY ITS PARTNERS REGISTERED UNDER THE INDIAN PARTNERSHIP ACT 1932. 2. M/S VENU ENTERPRISES, REP. BY ITS PROPRIETOR, NO.23, HALEPERESANDRA VILLAGE, PERESANDRA POST, CHIKKABALLAPURA TALUK & DISTRICT-562 101. REGISTERED UNDER GST ACT 2017. …PETITIONERS (BY SRI CHANDRASHEKAR C., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPTD. BY ITS SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE LICENSING AUTHORITY & DEPUTY COMMISSIONER, THE STONE CRUSHERS LICENSING & REGULATORY AUTHORITY, OFFICE OF DEPUTY COMMISSIONER, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36596-DB WP No. 24151 of 2025 CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT-562 101. 3. MEMBERS SECRETARY, DISTRICT STONE CRUSHER LICENSING AND REGULATION AUTHORITY, CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT-562 101. 4. THE SENIOR GEOLOGIST MINES AND GEOLOGY DEPARTMENT, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-562 101. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA FOR PRAYING TO (i) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER TO THE 3RD RESPONDENT TO ISSUE TRANSFER OF LICENSE FOR CRUSHING VIDE ANNEXURE-A STANDING IN THE NAME OF THE PETITIONER No. 1 IN FAVOUR OF THE PETITIONER No. 2, BY CONSIDERING THE PETITIONERS' REPRESENTATION VIDE ANNEXURE-C IN RESPECT OF THE LAND BEARING Sy. No. 476, MEASURING 2 ACRES 10 GUNTAS, SITUATED AT YALAGANAHALLI VILLAGE, MANDIKAL HOBLI, CHIKKABALLAPUR TALUK AND DISTRICT ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI - 3 - HC-KAR NC: 2025:KHC:36596-DB WP No. 24151 of 2025

ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1.

Issue notice.

2.

Learned Additional Government Advocate accepts notice for the respondents.

3.

The petitioners have filed the petition inter-alia praying as under: "WHEREFORE, the Petitioners humbly pray that this Hon'ble Court may be pleased to (i) Issue a Writ of mandamus or any other appropriate Writ, direction or order to the 3rd Respondent to issue transfer of license for crushing vide Annexure-A standing in the name of the petitioner No.1 in favour of the petitioner No.2, by considering the petitioners' representation vide Annexure-C in respect of the land bearing Sy.No.476, measuring 2 Acres 10 Guntas, situated at Yalaganahalli Village, Mandikal Hobli, Chikkaballapur Taluk and District.

(ii) Grant costs of the proceedings.

(iii) Grant such other relief or reliefs as may be deemed fit by this Hon'ble court, in the interest of justice, equity and law."

4.

Learned counsel for the petitioners contends that petitioner No.1 has obtained Form-C licence for stone crushing on 15.03.2024. Thereafter, on 24.06.2025, applied for transfer of the said licence to petitioner No.

2.

It is stated that the petitioners have also paid the requisite fees for such transfer. HC-KAR NC: 2025:KHC:36596-DB WP No. 24151 of 2025

However, the petitioners have not received any response from the concerned authorities.

5.

In view of the above, we consider it apposite to dispose of the present petition by directing the concerned authorities to examine the petitioners' application and communicate its decision to the petitioners as expeditiously as possible. (VIBHU BAKHRU) CHIEF JUSTICE (C M JOSHI) JUDGE

NR/- List No.: 1 Sl No.: 8

Reproduced from the public record of the Karnataka High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.