IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR. H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NOs.31584-31585/2017 (GM-POL) BETWEEN:
MR. JOSEPH D. CRUZ AGED ABOUT 72 YEARS S/O MR. ANDREW D.CRUZ NO.51, ANDREWS WOOD CRAFT HANCHARAHALLI CROSS MANDOOR POST BENGALURU – 560 049 ...PETITIONER (BY SRI G.PAPI REDDY, ADVOCATE) AND:
1. STATE OF KARNATAKA REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA MULTISTOREYED BUILDINGS DR. AMBEDKAR VEEDHI BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT “KANDHAYA BHAVANA” K.G.ROAD, BENGALURU – 560 009 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION “KANDHAYA BHAVANA”
K.G.ROAD, BENGALURU – 560 009 4. THE TAHASILDAR BENGALURU EAST TALUK KRISHNARAJAPURAM BENGALURU – 560 036 5. KARNATAKA POLLUTION CONTROL BOARD NO.49, “PARISARA BHAWANA”
CHURCH STREET BENGALURU – 560 001 REPRESENTED BY ITS CHAIRMAN 6. THE PANCHAYAT DEVELOPMENT OFFICER MANDOOR VILLAGE PANCHAYAT MANDOOR, BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU – 560 049 7. SRI C.N.MUNI ANJINAPPA AGED ABOUT 48 YEARS S/O LATE SRI ANJINAPPA MANDOOR VILLAGE AND POST BENGALURU EAST TALUK BENGALURU – 560 049 8. SRI JAYANNA AGED ABOUT 51 YEARS S/O SRI ANJINAPPA MANDOOR VILLAGE AND POST BENGALURU EAST TALUK BENGALURU – 560 049 9. SRI SHIVAKUMAR AGED ABOUT 42 YEARS S/O LATE SRI SHAMANNA MANDOOR VILLAGE AND POST BENGALURU EAST TALUK BENGALURU – 560 049 10. M/S ICORE CONCRETE PLANT OFFICE SITUATED IN SY. NO.44 MANDOOR VILLAGE AND POST BENGALURU EAST TALUK BENGALURU – 560 049 REPRESENTED BY ITS PROPRIETOR 10. M/S ICORE CONCRETE PLANT OFFICE SITUATED IN SY. NO.44 MANDOOR VILLAGE AND POST BENGALURU EAST TALUK BENGALURU – 560 049 REPRESENTED BY ITS PROPRIETOR 11. M/S. SUMUKA SILICON CONCRETE PLANT OFFICE SITUATED IN SY.NO.36/4A MANDOOR VILLAGE AND POST BENGALURU EAST TALUK BENGALURU – 560 049 REPRESENTED BY ITS PROPRIETOR 12. M/S S.B.M.S CONCRETE PLANT OFFICE SITUATED IN SY.NO.68 HANCHARAHALLI, MANDOOR POST BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU – 560 049 REPRESENTED BY ITS PROPRIETOR 13. TRISHUL CONCRETE PRODUCTS LTD. COROMANDEL CONCRETE OFFICE SITUATED IN SY.NO.68 HANCHARAHALLI, MANDOOR POST BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU – 560 049 REPRESENTED BY ITS PROPRIETOR …RESPONDENTS (BY SRI R.DEVDAS, PRL. GOVT. ADVOCATE FOR R1-R4; SRI GURURAJ JOSHI, ADVOCATE FOR R5;
SRI H.S.RAMAMURTHY, ADVOCATE FOR R6; SRI A.MADHUSUDHANA RAO FOR R7 TO R12; SRI S. SHIVA PRASAD, ADVOCATE FOR R13) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 6 TO DISCHARGE THEIR STATUTORY FUNCTIONS UNDER THE KARNATAKA LAND REVENUE ACT, CODE OF CRIMINAL PROCEDURE AND PREVENTION OF AIR AND NOISE POLLUTION ACT AND STOP THE PERENNIAL NUISANCE BEING CAUSED BY RESPONDENT NOS.7 TO 13 IN B, C AND D SCHEDULE PROPERTIES.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ACTING CHIEF JUSTICE MADE THE FOLLOWING:
O R D E R Ag.CJ (Oral):
1. Learned Counsel appearing for the petitioner submits that the writ petitions may be disposed of by directing respondent No.5 and respondent No.2 to consider the representation dated 11.04.2017 (Annexure-L) and the notice dated 26.04.2017 (Annexure-N) respectively.
2. We find no legal impediment to grant the prayer.
Accordingly, respondent No.5 shall consider the aforesaid representation and respondent No.2 shall consider the aforesaid notice in accordance with law within two weeks from the date of receipt of a copy of this order.
3. The petitioner shall furnish a copy of this order along with copies of the representation and the notice to the concerned respondents to enable them to consider the same within the time stipulated above. The writ petitions are accordingly disposed of.
KSR Petitions disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE