IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.16374 OF 2019 (GM-RES) BETWEEN:
SOCIETY OF SISTERS OF ST. ANNE JEEVAN BHIMANAGAR BENGALURU – 560 075 REPRESENTED BY SR. MARY VIJAYA … PETITIONER (BY SRI. ANIYAN JOSEPH, ADVOCATE) AND:
1. STATE OF KARNATAKA BY THE SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001 2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU – 560 002 3. THE CHAIRMAN BANGALORE WATER SUPPLY & SEWERAGE BOARD CAUVERY BHAVAN K G ROAD, BENGALURU – 560 009 4. THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN CHURCH STREET BENGALURU - 560 001 5. RAVI KUMAR FLAT NO. 307, A BLOCK, THIMMAREDDY COLONY 2ND CROSS, NEAR SACRED HEART DEGREE COLLEGE JEEVAN BHIMANAGAR BENGALURU – 560 075 6. PRASANA KUMAR FLAT NO.101, A BLOCK, THIMMAREDDY COLONY 2ND CROSS, NEAR SACRED HEART DEGREE COLLEGE JEEVAN BHIMANAGAR BENGALURU – 560 075 … RESPONDENTS (BY SRI. B. BALAKRISHNA, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-5 & 6 NOT TO DISPOSE OF THE SEWAGE WATER FROM THEIR APARTMENT INTO THE OPEN WELL DUG IN THE LAND BELONGING TO THE R-2 AND ETC THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. Aniyan Joseph, learned counsel for the petitioner.
Sri. B. Balakrishna, learned Additional Government Advocate for respondent No.1.
Taking into account the order which this Court proposes to pass, it is not necessary to issue notice to respondent Nos.2 to 6.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia has prayed for the following reliefs:
“a) Writ of Mandamus directing the 5th and 6th respondents not to dispose of the sewage water from their apartment into the open well dug in the land belonging to the 2nd respondent.
b) Writ of mandamus directing the 2nd, 3rd and 4th respondents to take appropriate legal action against the 5th and 6th respondents for creating nuisance and water pollution by letting untreated sewage water into the open well thereby causing health hazard.
c) Writ of mandamus directing the 2nd respondent to take immediate action for the closure of the open well in the open ground belonging to the 2nd respondent, into which the 5th and 6th respondents are dumping waste water from their apartments.”
3. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petition may be disposed of with a direction to respondent No.2 to consider the representations dated 06.09.2017 submitted by the petitioner in accordance with law.
4. In view of the submission made and in the facts of the case, the writ petition is disposed of with a direction to the competent authority to consider and decide the representations submitted by the petitioner, if not already decided, in accordance with law after affording an opportunity of hearing to the petitioner and respondent Nos.5 and 6, by a speaking order within a period of one month from the date of receipt of certified copy of the order passed today.
5. It is made clear that this Court has not expressed any opinion on merits of the case.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE Mds/-