IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.56160 OF 2017 (GM-RES) BETWEEN:
MR.K.NANJAPPA KUTTAIAH S/O LATE KUPPANANDA KUTTAIAH AGED ABOUT 59 YEARS PERMANENT RESIDENT OF NO.591, 12TH MAIN HAL 2ND STAGE BANGALORE – 560 008.
(BY SRI.SAMARTH PRAKASH, ADV.) AND:
… PETITIONER 1. THE ENVIRONMENTAL OFFICER REGIONAL OFFICE-CITY EAST BANGALORE KARNATAKA STATE POLLUTION CONTROL BOARD NISARGA BHAVAN, 3RD FLOOR THIMMAIAH ROAD 7TH D CROSS, SHIVANAGAR BANGALORE – 560 010.
2. THE JOINT COMMISSIONER B.B.M.P EAST DIVISION B.B.M.P MAYO HALL M.G.ROAD BANGALORE – 560 001.
3. THE DEPUTY ELECTRICAL INSPECTOR BANGALORE EAST 24/4 ARAGINI BHAVANA 7TH FLOOR, DR.RAJKUMAR ROAD RAJAJINAGAR BANGALORE – 560 010.
4. MR.SYED ABDUL RAZACK NO.91, DOMLUR 2ND STAGE 5TH MAIN, BANGALORE – 560 071.
… RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R-3 SRI.GURURAJ JOSHI, ADV. FOR R-1 SRI.K.N.PUTTEGOWDA, ADV. FOR R-2 R-4 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO R-3 TO TAKE ACTION AGAINST THE R-4 FOR ILLEGALLY INSTALLING THE OFFENDING HEAVY DUTY 25 KVA GENERATOR SET AND DIESEL TANK IN HIS PREMISES AT NO.91, DOMLUR II STAGE, 5TH MAIN, BANGALORE – 560 071 AND TO TAKE ACTION TO REMOVE THE SAME FORTHWITH AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Samarth Prakash, learned counsel for the petitioner.
Sri.Gururaj Joshi, learned counsel for respondent No.1.
Sri.K.N.Puttegowda, learned counsel for respondent No.2.
Sri.Y.D.Harsha, learned Additional Government Advocate for respondent No.3 In this petition, the petitioner inter alia seeks for writ of mandamus directing respondent Nos.1 to 3 to take action against respondent No.4.
2. When the matter was taken up today, learned counsel for the petitioner submitted the petition be disposed of with liberty to the petitioner to file a fresh representation to the competent authority with regard to his grievance.
3. In view of the submissions made and in the facts of the case, the writ petition is disposed of with liberty to the petitioner that in case a fresh representation is made by him to the competent authority within a period of two weeks from the date of receipt of the certified copy of the order passed today, the same shall be dealt with by the competent authority in accordance with law within a period of three months from the date of receipt of such representation.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-