IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO.22043 OF 2019 (GM-POL) BETWEEN:
M/S AKASH R. HANJI -
SAND STONE CRUSHER PRODUCTS, YAMAKANMARDI, DIST. BELAGAVI, BY ITS PROPRIETOR:
RAVINDRA S/O BASAVENAPPA HANJI, AGE: 43 YEARS, OCC: BUSINESS, R/O YAMAKANMARDI VILLAGE, TALUK: HUKKERI, DIST: BELAGAVI.
(By Sri.PRASHANTH F.GOUDAR, ADV.) AND:
… PETITIONER 1. THE ENVIRONMENT OFFICER , KARNATAKA STATE POLLUTION CONTROL BOARD, BELAGAVI-2 (CHIKODI CENTER).
2. KARNATAKA STATE POLUTION CONTROL BOARD, THROUGH ITS CHAIRMAN, ’PARISAR BHAVAN’, 1ST TO 5TH FLOOR, # 49, CHURCH STREET, BENGALURU - 560 001.
… RESPONDENTS (By Sri GURURAJ JOSHI, ADV. FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 25.10.2018 PASSED BY THE 2ND RESPONDENT - BOARD VIDE ANNEXURE – A DIRECTING CLOSURE OF THE UNIT OF THE PETITIONER UNDER SECTION 31(A) OF AIR (CONTROL AND PREVENTION OF POLLUTION) ACT, 1981 READ WITH RULE 29(A) OF THE KARNATAKA AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1983.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R None appeared for the petitioner on the last date. Even today, none appears for the petitioner. The challenge in this writ petition under Article 226 of the Constitution of India is to a direction issued under Section 31A of the Air (Prevention and Control of Pollution) Act, 1981. The statutory remedy of an appeal under Section 31 of the said Act is available to challenge the said order. Hence we decline to entertain this petition. Accordingly, the petition is disposed of. However, statutory remedy is kept open.
2. Learned counsel appearing for the respondents is permitted to file vakalath.
Sd/- CHIEF JUSTICE Sd/- JUDGE RD