IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRAURY, 2019 PRESENT THE HON’BLE MR. L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.3169 OF 2019 (GM-POL) BETWEEN:
AND SRI N V SRINIVASAIAH, S/O VENKATARAMANA SHETTY, AGED ABOUT 58 YEARS, PROPRIETOR, M/S SRI VENKATESHWARA RAGI CLEANING AND FLOUR MILL, KHATA NO.126, BOMMANAHALLI VILLAGE, BELLUR CROSS, B G NAGAR POST, NAGAMANGALA TALUK, MANDYA DISTRICT-571 448.
(BY SRI. A.CHANDRACHUD, ADV.,) ... PETITIONER 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY VIKASA SOUDHA BENGALURU-560001.
2. SMT VARALAXMI W/O LATE Y L UMESH KUMAR AGED ABOUT 42 YEARS, R/A NO. YELADAHALLI VILLAGE BELLUR CROSS, B G NAGAR POST NAGAMANGALA TALUK MANDYA DISTRICT-571 448.
3. THE CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD “PARISARA BHAVAN”, 1ST TO 5TH FLOOR NO.49, CHURCH STREET, BENGALURU-560001.
4. THE MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD “PARISARA BHAVAN”, 1ST TO 5TH FLOOR NO.49, CHURCH STREET BENGALURU-560001 5. THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD ZONAL OFFICE:436-D HEBBAL INDUSTRIAL AREA, K R S ROAD METAGALLI MYSORE-570016 ... RESPONDENTS (BY SRI.T.L.KIRAN KUMAR, AGA FOR R1; SRI.M.V.VEDACHALA, ADV., FOR R2; SRI.GURURAJ JOSHI, ADV., FOR R3 TO R5) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED: 24.12.2018 ISSUED BY THE R-3 AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. Sri Gururaj Joshi, learned Advocate appearing for respondents No.3 to 5 fairly submits that the impugned order at Annexure-A, which is signed on 19.12.2018 and dispatched on 24.12.2018 is passed without notice to the petitioner. He submits that if the impugned order is set aside, the respondent - authorities shall pass a fresh order after issuing notice to the petitioner.
3. His submission is placed on record.
4. Accordingly, the impugned order dated 24.12.2018 is set aside granting liberty to the respondents – authorities to issue notice to the petitioner and pass a fresh order in accordance with law after hearing the petitioner.
Petition is disposed of. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE VK