IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT PETITION NOS.45608-45609 OF 2018 (GM-POL) BETWEEN:
M/S. FIZA EXPORTS PLOT NO.1301, SY.NO.635 KANBARGI INDUSTRIAL AREA DEVELOPMENT BOARD AUTO NAGAR, BELAGAVI – 590 016 REP. BY ITS AUTHORISED SIGNATORY MR.A.SATHEESH KUMAR (BY SHRI VENKATESH P. DALWAI, ADVOCATE) AND:
1. THE MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD “PARISARA BHAVAN”, NO.49 1ST TO 5TH FLOOR, CHURCH STREET BENGALURU – 560 001 ... PETITIONER 2. THE DEPUTY COMMISSIONER BELAGAVI - 1 ... RESPONDENTS (SHRI D.NAGARAJ, ADVOCATE FOR RESPONDENT NO.1 SHRI P.B.ACHAPPA, ADVOCATE FOR RESPONDENT NO.2) ---
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI BY QUASHING THE ORDER DATED 25.5.2018 RESPONDENT NO.1 PRODUCED ANNEXURE- F AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER By these petitions under Articles 226 and 227 of the Constitution of India, the petitioner had challenged the order of closure dated 25th May 2018 (Annexure-F) and the subsequent corrigendum issued thereof on 27th September 2018 (Annexure-G to the writ petitions).
2. The learned counsel appearing for the petitioner pointed out that a show cause notice dated 5th March 2018 was served to the petitioner calling upon the petitioner to show cause as to why the order of closure should not be passed and a reply was filed by the petitioner to the said show cause notice (Annexure-E). The impugned order at Annexure-F has been passed without considering the reply. The learned counsel appearing for the first respondent accepts that the reply was not considered. Thus, a drastic order of closure of the industry has been passed in breach of the principles of natural justice.
3. Only on this ground, we set aside both the impugned order and the impugned corrigendum with a direction to the first respondent to pass a fresh order after considering the reply and after giving an opportunity of being heard to the petitioner. Accordingly, we pass the following order:
(i) The impugned order (Annexure-F) and the impugned corrigendum (Annexure-G) are hereby set aside only on the ground of breach of the principles of natural justice;
(ii) We direct the first respondent to pass a fresh order on the show cause notice dated 5th March 2018 after considering the reply filed by the petitioner and after giving an opportunity of being heard to the petitioner;
(iii) Fresh orders shall be passed within a period of three months from today; and (iv) The petitions are disposed of with the above directions.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB