Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 21982 OF 2017 (GM-POL) BETWEEN:
M/S BIMAL AUTO AGENCY INDIA PVT LTD HAVING ITS CORPORATE OFFICE AT NO 60/2 WHITEFIELD ROAD, MAHADEVAPURA, BANGALORE - 560048 HAVING ITS UNIT - I AT 6TH CROSS, OLD AIRPORT ROAD, KODIHALLI, BANGALORE- 560038 REPRESENTED BY ITS AUTHORISED SIGNATORY SRI A RAVICHANDRA S/O LATE A S N RAO AGED ABOUT 53 YEARS (BY SRI. VISHWANATH H M , ADVOCATE) AND:
1. THE STATE OF KARNATAKA ... PETITIONER DEPARTMENT OF COMMERCE AND INDUSTRY M S BUILDING, DR B R AMBEDKAR VEEDHI BENGALURU - 560001 REPRESENTED BY ITS SECRETARY 2. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA 1 TO 5TH FLOOR, NO 49, CHURCH STREET, BENGALURU - 560001 REPRESENTED BY ITS MEMBER SECRETARY ... RESPONDENTS (BY SRI. T L KIRAN KUMAR, AGA FOR R1;
SRI. GURURAJ JOSHI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.5.2017 PASSED BY THE R-2 PRODUCED AT ANNEXURE-A AS ILLEGAL, ARBITRARY AND VIOLATIVE OF ARTICLE 14, 19(1)(g) AND 21 OF THE CONSTITUTION OF INDIA.
THIS PETITION COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The closure order dated 10.05.2017 issued by the Respondent No.2-The Karnataka Pollution Control Board has been challenged by the petitioner in this writ petition with a prayer to set aside the same.
2. The learned counsel for the petitioner contends that the impugned order passed by the respondent-Pollution Control Board is contrary to law and arbitrary.
3. The learned counsel for the respondent- Pollution Control Board submits that the closure order has been revoked on 24.06.2017 on the basis of petitioner’s application for revocation. Hence the petition does not survive as it has become infructuous.
4. The recalling of closure order dated 24.06.2017 is placed before this Court. The same is perused and we find that the closure order dated 10.05.2017 has been recalled.
5. In view of the above circumstances, this petition is dismissed as having become infructuous.
Sd/-
ACTING CHIEF JUSTICE Next >