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     IN THE HIGH COURT OF KARNATAKA AT BANGALORE
          DATED THIS THE 18TH DAY OF MARCH 2013
                         PRESENT
        THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE
                           AND
         THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA
             WP Nos.12756-12757/2013(GM-MMS)


BETWEEN

1.     M/S. JAI SEVALAL STONE CRUSHER
       (VENKATESHWAR)
       SY.NO.77/2, MADBOOL VILLAGE,
       CHITTAPUR TALUK,
       GULBARGA DISTRICT
       REPRESENTED BY ITS PROPRIETOR
       VIJAYKUMAR T CHAUVAN,
       AGED ABOUT 46 YEARS
       SANNOOR VILLAGE,
       CHITTAPUR TALUK
       GULBARGA DISTRICT.

2.     SHRI BHAVANI STONE CRUSHING COMPANY
       SY.NO.28/1, JAFARABAD POST,
       GULBARGA TALUK & DISTRICT
       BY ITS PROPRIETOR
       RAMESH B JAWALKAR,
       AGED ABOUT 68 YEARS


                                         ... PETITIONERS

(By Sri.G G CHAGASHETTI & SRI.I R BIRADAR, ADVS.)
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AND

1.    THE STATE OF KARNATAKA
      DEPARTMENT OF MINES & GEOLOGY
      KHANIJA BHAVAN, RACE COURSE ROAD,
      BANGALORE- 560 001
      BY ITS DIRECTOR

2.    THE KARNATAKA STATE POLLUTION CONTROL BOARD
      PARISARA BHAVAN,
      4TH & 5TH FLOOR, NO.49,
      CHURCH STREET,
      BANGALORE- 560 003
      BY ITS CHAIRMAN

3.    THE DEPUTY COMMISSIONER
      GULBARGA DISTRICT,
      GULBAGA- 585101

4.    THE MANAGING DIRECTOR
      GESCOM,
      GULBAGA- 585101

5.    THE EXECUTIVE ENGINEER
      GESCOM, GULBARGA DIVISION,
      GULBAGA- 585101

                                      ... RESPONDENTS

(By Sri.R.G.KOLLE, AGA FOR R.1 & 3
SRI.D.NAGARAJ, ADV. FOR R.2)


     THESE WRIT PETITIONS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 01.09.2012 ISSUED BY THE 2ND
RESPONDENT VIDE ANNEXURES-B & B1 AND DIRECT THE 3RD
RESPONDENT TO ISSUE PRESCRIBED FORM TO THE
PETITIONERS ENABLING THEM TO FILE AN APPLICATION
SEEKING GRANT OF LICENSE TO THEIR RESPECTIVE STONE
CRUSHER.
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     THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, NAGARATHNA .J, MADE THE
FOLLOWING:


                           ORDER

Sri.R.G.Kolle, learned AGA takes notice for respondent nos.1 and 3. Sri.D.Nagaraj, learned counsel takes notice for respondent no.2. Since no prayer has been sought as against respondent nos.4 and 5, notices to them are dispensed with.

2. In these writ petitions, petitioners have assailed the orders dated 01.09.2012 and 17.10.2012 (Annexures-B and B1) passed by the 2nd respondent. By the said orders, the stone crusher units run by the petitioners have been ordered to be closed under Section 31A of Air (Prevention and Control of Pollution) Act, 1981, read with Rule 20-A of Karnataka Air (Prevention and Control of Pollution) Rules, 1983.

3. We have heard the learned counsel for parties and perused the materials on record.

4. As far as the closure orders are concerned, the same cannot be adjudicated before this Court by filing Writ Petitions, in view of the observations and directions of the Apex Court in -4- the case of Bhopal Gas Peedith Mahila Udyog Sangathan and others vs. Union of India and others, (2012 (8) SCC

326). Having regard to paragraphs 40 and 41 therein, the writ petitions so far as assailing the closure orders are concerned, are dismissed reserving liberty to the petitioners, to adjudicate the said matter before the appropriate forum, if they are so advised.

5 The second prayer in these Writ Petitions is for a direction to the 3rd respondent to issue prescribed Form to the petitioners, in order to enable them to file applications seeking grant of license for establishing their stone crusher units in the safer zone. As far as this direction is concerned, Sections 3 and 4 of the Karnataka Regulation of Stone Crushers Act, 2011, enables the person who is carrying on the business of stone crusher to make an application seeking grant of a license under the provisions of the said Act. Therefore, no direction can be given for the petitioners to be issued with any prescribed Form for making an application seeking grant of a license. It is incumbent upon the petitioners to make appropriate applications in terms of Sections 3 and 4 of the Act read with Rules, in order to seek grant of a license for -5- running stone crusher units in the safer zone. Therefore, no direction can be given in that regard. Liberty is reserved to the petitioners to make appropriate applications before the 3rd respondent, in accordance with law.

6. With the above observations, the writ petitions are disposed of.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE mv