IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.36856 OF 2018 (GM-POL) BETWEEN:
LIGHTING TECHNOLOGIES INDIA PVT LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.40, JIGANI INDUSTRIAL AREA, I PHASE, SY NO.592 AND 124, JIGANI VILLAGE AND HOBLI, ANEKAL TALUK, BENGALURU 560105 REPRESENTED BY ITS AUTHORIZED SIGNATORY ... PETITIONER (BY MR.H.V.SHYAM SUNDAR, ADV) AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD REGIONAL OFFICE-BANGALORE-ANEKAL 2ND FLOOR, NISARGA BHAVAN, 7TH ‘D’ MAIN ROAD THIMMAIAH ROAD, SANEGORAVANAHALLI SHIVANAGAR, BENGALURU-560079 REPRESENTED BY THE MEMBER SECRETARY ALSO AT PARISARA BHAVANA, # 49 4TH AND 5TH FLOOR, CHURCH STREET BENGALURU-560001 2. SPECTRO ALLOYS & PIGMENTS HAVING OFFICE AT ROAD NO.3, # 56, JIGANI INDUSTRIAL AREA, JIGANI, ANEKAL TALUK, BENGALURU -560 105 REPRESENTED BY ITS PARTNER ...RESPONDENTS (BY MR.GURURAJ JOSHI, ADV FOR R1 NOTICE TO R2 SERVED AND UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONER TO RESPONDENT NO.1 ON 03.07.2017, 13.07.2017, 24.07.2017, 25.07.2017 AND 09.08.2017, 22.06.2018, 12.07.2018 AND 03.08.2018 AT ANNEXURE-K SERIES, ANNEXURE-Q AND ANNEXURE-R AND TAKE APPROPRIATE ACTION BY ISSUING DETERRENT DIRECTIONS TO RESPONDENT NO.2 FOR COMPLIANCE OF LAWS RELATING TO ENVIRONMENT AND CONDUCT OF BUSINESS IN THE INTEREST OF HEALTH OF THE PEOPLE WORKING IN THE SURROUNDINGS AREAS IN ACCORDANCE WITH LAW AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.H.V.Shyam Sundar, learned counsel for the petitioner.
Mr.Gururaj Toshi, learned counsel for respondent No.1.
2. The writ petition is admitted for hearing.
With consent of the learned counsel or the parties, the same is heard finally.
3. In this petition, the petitioner inter alia seeks a direction to the respondent to consider the representations dated 03.07.2017, 13.07.2017, 24.07.2017, 25.07.2017 and 09.08.2017, 22.06.2018, 12.07.2018 and 03.08.2018 contained in Annexure K series, Annexure-Q and Annexure-R submitted by the petitioner.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the representations submitted by them shall be considered. On the other hand, learned counsel for the respondents submitted that the same shall be dealt with in accordance with law if not already decided.
5. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to decide the representations submitted by the petitioner, if not already decided in accordance with law by a speaking order within four months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS