IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT PETITION NO.5976 OF 2018 (LB-RES) PIL BETWEEN:
1. SMT. ANITHA MUNIRAJU W/O MUNIRAJU K.N. MAJOR 2. SRI MUNIRAJU K.N. S/O DODDANANJAPPA MAJOR 3. MANJUNATH S/O JANARDHAN K.R. MAJOR 4. SUSHMA W/O MANJUNATH MAJOR 5. NAGARAJ S/O SEENAPPA MAJOR 6. PREMA W/O NAGARAJ MAJOR 7. SANDEEP S/O NAGARAJ MAJOR 8. SHALINI D/O NAGARAJ MAJOR 9. MANJUNATH S/O BEERAPPA MAJOR ALL THE PETITIONERS ARE R/AT KATMANDALU LAYOUT BASAWESHWARA NAGAR M.V.EXTENSION HOSKOTE – 562 114 ... PETITIONERS (BY SHRI H.DEVENDRAPPA, ADVOCATE - ABSENT) AND:
1. THE CHIEF OFFICER CITY MUNICIPAL COUNCIL HOSKOTE TALUK HOSKOTE – 562 114 2. THE TAHSILDAR HOSKOTE TALUK HOSKOTE – 562 114 ... RESPONDENTS (SHRI D.NAGARAJ, AGA FOR RESPONDENT NO.1) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 31.10.2017 VIDE ANNEXURE-B AND C FORTHWITH IN ACCORDANCE WITH LAW AND STOP THE DUMPING THE GARBAGE IN THE SCHEDULE PROPERTY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER None appears for the petitioners.
2. The learned counsel appearing for the first respondent tenders the status report of 15th July 2019 in the light of the order dated 20th June 2019. The status report records that the Municipal Council is not dumping wet waste and it is proposed to construct a dry waste selection centre. It is stated that the land subject matter of this petition is vacant.
3. The photographs are annexed to the status report.
Though the allegations made in the petition are supported by the photographs which are on pages 33 and 34, it appears from the status report dated 15th July 2019 that now the nuisance complained of no longer exists. In the light of what is stated in the status report, we dispose of the petition. We make it clear that if again the activity of dumping of garbage is noticed, the petitioners can file fresh proceedings in accordance with law.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB