IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER 2019 PRESENT THE HON’BLE MRS.JUSTICE B. V. NAGARATHNA AND THE HON’BLE MS.JUSTICE JYOTI MULIMANI WRIT PETITION NO.15657/2017(GM-POLICE) BETWEEN:
SHRI RAJ KUMAR PILLAI S/O LATE N R PILLAI AGED ABOUT 54 YEARS RESIDING AT # B-3 CEDAR CREST NO.258 1ST CROSS, 10TH MAIN INDIRANAGAR II STAGE BENGALURU – 560 038. .. PETITIONER (BY SRI. P. FREUD RICHARDSON, ADV. FOR M/S SREEVATSA ASSOCIATES) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT DR AMBEDKAR VEEDHI BANGALORE – 560 001.
2. KARNATAKA STATE POLLUTION CONTROL BOARD, HAVING ITS REGIONAL OFFICE AT BANGALORE CITY EAST, NISARGA BHAVAN, 3RD FLOOR, THIMMAIAH ROAD 7TH D CROSS, SHIVAJINAGAR BANGALORE – 560 010 REP. BY ITS CHAIRMAN.
3. THE JOINT COMMISSIONER BENGALURU BRUHAT MAHANAGARA PALIKE, MAYO HALL, M G ROAD BANGALORE – 560 001.
4. THE DEPUTY COMMISSIONER OF POLICE BANGALORE CITY POLICE EAST DIVISION ULSOOR MAIN ROAD ULSOOR, BANGALORE – 560 008.
5. TIPPLER BAR AND RESTAURANT NO.276, 3RD FLOOR, 100FT ROAD, INDIRANAGAR BANGALORE – 560 038 REPRESENTED BY ITS MANAGER. ..RESPONDENTS (BY SMT SHWETHA KRISHNAPPA, AGA FOR R.1 & 4, SRI GURURAJ JOSHI, ADV. FOR R.2, SRI ASHWIN S HALADY, ADV. FOR R.3 R.5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT TO TAKE NECESSARY ACTION/STEPS TO PERMANENTLY CURB THE MENACE OF NOISE POLLUTION CAUSED BY 5TH RESPONDENT AS DIRECTEED BY THIS HON’BLE COURT EARLIER IN W.P.NO.36480/2016 AT ANNEXURE – D ORDER DATED 21.11.2016 WITHIN A TIME PERIOD STIPULATED BY THIS HON’BLE COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, NAGARATHNA J., MADE THE FOLLOWING:
ORDER Learned counsel for respondent No.3 – Bruhat Bengaluru Mahanagara Palike (BBMP) has filed an affidavit of the Joint Commissioner (East) of BBMP enclosing a copy of the order passed under Section 321(3) of the Karnataka Municipal Corporation Act, 1976 which is in pursuance of the notice issued under Section 321(1) of the said Act on 06.07.2019.
2. The same is taken on record.
3. Learned counsel for the 2nd respondent – Board as-well-as 3rd respondent – BBMP jointly submit that the 5th respondent – Tippler Bar and Restaurant was sealed and closed on 12.07.2019 and therefore, the writ petition would not survive for further consideration. They, therefore, submit that recording the said submission, the writ petition may be disposed of.
4. By way of response, learned counsel for the petitioner submits that if indeed 5th respondent – Tippler Bar and Restaurant has been closed then the purpose of filing of the writ petition has been achieved and therefore, appropriate order may be made in the petition.
5. In the circumstances, we find that the grievance ventilated by the petitioner in the writ petition would no longer survive on account of the closure of the 5th respondent – Bar and Restaurant. Hence, by recording the aforesaid submissions, the Writ Petition is disposed of.
Sd/- JUDGE Sd/- JUDGE brn