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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 21st DAY OF SEPTEMBER 2020 BEFORE THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO.111594/2019 (GM-RES) C/W WRIT PETITION NO.111501/2019
IN WP NO.111594/2019 BETWEEN SHRUSHTI AGRO & COLD STORAGE PLOT NO.SPL, Q-1, KSSIDC, KANABARGI INDUSTRIAL AREA, AUTO NAGAR, BELAGAVI-590016, REP. BY ITS PARTNER, SHRI.AMOL S/O VIDYADHAR MOHANDAS, AGE: 34 YEARS, OCC: BUSINESS, R/O: PLOT NO:1202, SAHAYADRI ANGAR, BELAGAVI-591108.
... PETITIONER (BY SRI. SANTOSH PUJARI, ADVOCATE)
AND
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU-560001.
THE DEPUTY COMMISSIONER BELAGAVI, COURT COMPOUND, BELAGAVI-590001.
THE MANAGING DIRECTOR HESCOM, CORPORATE OFFICE (BESIDE INCOME TAX OFFICE), NAVANAGAR, P.B. ROD,
2 HUBBALLI-580025.
THE ASSISTANT EXECUTIVE ENGINEER (ELE) CITY SUB-DIVISION NO.3, HESCOM, NEHRU NAGAR, BELAGAVI-590010.
THE DEPUTY CHIEF INSPECTOR OF ELECTRICAL INSPECTION, 1ST FLOOR LENGADE BUILDING, CLUB ROAD, BELAGAVI-590001.
THE MANAGING DIRECTOR KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, KAVERI BHAVAN, K.G. BHAVAN, BENGALURU-560009.
THE EXECUTIVE ENGINEER KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, NEHRU NAGAR, BELAGAVI-590010.
... RESPONDENTS
(BY SRI.SHIVAPRABHU HIREMATH, AGA FOR R1, R2 AND R5) (SRI. B.S. KAMATE, ADV. FOR R3, R4, R6 AND R7)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS, DIRECTING THE RESPONDENT NO.3 TO 5 TO ISSUE NO OBJECTION CRTIFICATE TO THE FACTORY TAKING INTO CONSIDERATION THE NOTIFICATION DATED 12.03.2008, ISSUED BY KARNATAKA ELECTRICITY REGULATORY COMMISSION, BENGALURU, BEARING NO.K.E.R.C/RP/D/07/08 VIDES ANNEXURE-D.
IN WP NO.111501/2019
BETWEEN:
SHRUSHTI AGRO & COLE STORAGE PLOT NO.SPL S1-1, KSSIDC KANABARGI INDUSTRIAL AREA AUTO NAGAR, BELAGAVI-5900016 REPRESENTED BY ITS PARTNER
3 SHRI. AMOL S/O VIDYADHAR MOHANDAS AGE.34 YEARS OCUPATION. BUSINESS R/O PLTO NO.1202, SAHAYADRI NAGAR BELAGAVI-591108 ... PETITIONER (BY SRI. SANTOSH PUJARI, ADVOCATE)
AND
THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LABOUR GOVERNMENT OF KARNATAKA "VIKASA SOUDHA, VIDHANA VEEDHI BENGALURU-560 001
THE DEPUTY DIRECTOR OF FACTORIES BELAGAVI DIVISION-1 CLUB ROAD, BELAGAVI-590001
THE DEPUTY COMMISSIONER BELAGAVI, COURT COMPOUND BELAGAVI-590001
THE MANAGING DIRECTOR HESCOM, CORPORATE OFFICE (BESIDE INCOME TAX OFFICE) NAVANAGAR P.B. ROAD, HUBLI-580025
THE ASSISTANT EXECUTIVE ENGINEER (EL) CITY SUB-DIVISION NO.3 HESCOM, NEHRU NAGAR BELAGAVI-590010
... RESPONDENTS (BY SRI.SHIVAPRABHU HIREMATH, AGA FOR R1 TO R3) (SRI. B.S. KAMATE, ADV. FOR R4 AND R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTIONS, DIRECTING THE RESPONDENT NO.2 TO ISSUE
4 FACTORY LICENSE TO THE PETITIONER AS PER THE PROVISIONS OF THE FACTORIES ACT.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned counsel for respondents 3, 4, 6 and 7 in WP No.111594/2019 and respondents 4 and 5 in WP No.111501/2019. I have also heard the learned AGA for respondents 1, 2 and 5 in WP No.111594/2019 and respondents No.1 to 3 in WP No.111501/2019.
In WP No.111594/2019, the petitioner has sought for issuance of a writ in the nature of mandamus or any other writ or directions, directing the respondents 3 to 5 to issue No Objection Certificate to the factory taking into consideration the Notification dated 12.03.2008, issued by the Karnataka Electricity Regulatory Commission,
5 Bengaluru, bearing No.K.E.R.C./RP/D/07/08 vide Annexure-D. 3. In WP No.111501/2019, the petitioner has sought for issuance of a writ in the nature of mandamus or any other writ or directions, directing the 2ND respondent to issue factory license to the petitioner as per the provisions of the Factories Act. 4. Statements of objections are filed by the HESCOM in both the matter and also by learned AGA in WP No.111501/2019. 5. After having heard the learned counsel for both sides and after having perused the material on record, insofar as WP No.111501/2019 is concerned, I deem it fit and proper to dispose of the petition directing the 2nd respondent to consider and pass appropriate orders on the request made by the petitioner for issuance of factory license in accordance with law within a stipulated time frame.
6 6. Insofar as WP No.111594/2019 is concerned, in view of the undisputed fact that the representations at Annexures-C1 and C2 dated 24.06.2019 have not been considered and no orders are passed on the same by 5th respondent, it would be just and proper to dispose of the petition directing the 5th respondent to consider and pass appropriate orders on the said representations in accordance with law within a stipulated time frame. 7. In the result, I pass the following: ORDER a) WP No.111501/2019 is disposed of directing the 2nd respondent to consider and pass appropriate orders on the request made by the petitioner for issuance of factory license in accordance with law within a period of three months from the date of receipt of a certified copy of this order. b) WP No.111594/2019 is disposed of directing the 5th respondent to
7 consider and pass appropriate orders on the petitioner’s representations at Annexures-C1 and C2 dated 24.06.2019 in accordance with law within a period of three months from the date of receipt of a certified copy of this order. c) Subject to the aforesaid directions, both the writ petitions stand disposed of.
Sd/- JUDGE
JTR