IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.18671 OF 2016 (GM - POL) BETWEEN:
SRI.N.ASHWATH, PROPRIETOR OF M/S. TEJAS WOOD INDUSTRY, S/O LATE NAGARAJ ACHAR, AGED ABOUT 41 YEARS, WARD NO.10, 2ND DIVISION, HALLADAKERI, CHAMARAJNAGAR ROAD, GUNDLUPAT TOWN, CHAMARAJANAGAR DISTRICT – 571 111.
…PETITIONER (BY SRI. AMSHITH HEGDE H.S., ADVOCATE) AND:
1. GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE.
REPRESENTED BY CHIEF SECRETARY.
2. KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BHAVAN, NO.49, CHURCH STREET, BANGALORE – 560 001.
REPRESENTED BY IT’S MEMBER SECRETARY.
3. THE ENVIRONMENTAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, CHAMARAJANAGAR, CHAMARAJANAGAR DISTRICT.
...RESPONDENTS (BY SRI.VIJAY KUMAR A PATIL, LEARNED AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 AND 3 TO ISSUE THE CONSENT FOR ESTABLISHMENT AND CLEARANCE TO THE PETITIONER’S M/S. TEJAS WOOD PLAINING INDUSTRY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. H.S. Amshith Hegde, learned Counsel for the Petitioner.
Sri. Vijay Kumar A. Patil, learned AGA for Respondent No.1 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, has prayed for the following reliefs:-
“ (i) Issue a writ in the nature of Mandamus or any other appropriate writ or order or direction directing 2nd and 3rd Respondents to issue the consent for establishment and clearance to the petitioner’s M/s.Tejas Wood Plaining Industry.
(ii) Grant such other further relief as may deem fit in the circumstances of the case in the interest of justice”.
3. When the matter is taken up today, learned counsel for the petitioner submits that the petitioner has filed an application seeking consent to set up an Industry and the writ petition be disposed of with a direction to the Respondents 2 and 3 to decide the application for setting up of the wood plaining industry in accordance with law by a speaking order.
4. In view of the aforesaid submission and the facts and circumstances of the case, the writ petition is disposed of with a direction to the Respondents 2 and 3 to decide the application submitted by the petitioner for grant of consent of establishment of wood plaining industry by a speaking order, if not already decided, within a period of six weeks from the date of receipt of certified copy of this order.
5. Accordingly, the petition is disposed of.
Sd/- JUDGE Srl.