IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO. 19904 OF 2014 (GM-RES) BETWEEN:
SHIVANNA M.
S/O. LATE MUNISHAMAPPA AGED ABOUT 50 YEARS R/AT THIMMASANDRA VILLAGE AMBAJIDURGA HOBLI CHINTAMANI TALUK-563 125 CHIKKABALLAPURA DISTRICT. … PETITIONER (BY SRI. K.C.E. MANJUNATH, ADV. FOR SRI. G. MANIVANNAN, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE MULTISTORIED BUILDING, DR. AMBEDKAR ROAD BANGALORE-560 001. REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 101.
3. THE TAHSILDAR CHINTAMANI TALUK CHINTAMANI-563 125 CHIKKABALLAPURA DISTRICT.
4. THE KARNATAKA STATE POLLUTION CONTROL BOARD NO.49, PARISARA BHAVANA, CHURCH STREET BANGALORE-560 001.
REP. BY ITS MEMBER SECRETARY. ... RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1-3 SMT. A.D. VIJAYA, ADV. FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.7.2.2014 PASSED BY R-2 AT ANNEX-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. K.C.E.Manjunath, learned Counsel for the petitioner.
Smt.Niloufer Akbar, learned Additional Government Advocate for the respondents No.1 to 3.
Smt.A.D.Vijaya, learned counsel for respondent No.4.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, seeks quashment of notice dated 07.02.2014 issued by respondent No.2 by which the petitioner has been asked to close his industry as the petitioner has not obtained the permission from the Karnataka Pollution Control Board.
3. When the matter was taken up today, learned counsel for the petitioner fairly submitted that he shall make necessary application seeking grant of requisite permission from the competent authorities including the Karnataka Pollution Control Board and he be granted a month’s time to do so.
4. On the other hand, learned counsel for respondent No.4 submits that in case such an application is filed, the Pollution Control Board would consider the aforesaid application in accordance with law.
5. In view of the submissions made and in the facts of the case, the petition is disposed of with liberty to the petitioner to file necessary application seeking grant of requisite permission from the Karnataka Pollution Control Board within a period of one month from the date of receipt of the certified copy of the order passed today. In case the petitioner makes an application seeking consent of the Karnataka Pollution control Board to run the industry, the Board shall consider and decide the application which may be submitted by the petitioner by a speaking order in accordance with law within a period of three weeks from the date of receipt of such an application.
Accordingly, the petition is disposed of.
Sd/- JUDGE akc/-