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:1: IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 17TH DAY OF SEPTEMBER 2014 BEFORE THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA WRIT PETITION NO. 108205/2014 (GM-RES) BETWEEN : SIDRAY S/O YALLAPPA TARALE AGE: 42 YEARS, OCC: BUSINESS R/O. SY NO. 99/2, PATIL GALLI, MANGAL NAGAR, I CROSS VADAGAON, BELGAUM. ... PETITIONER (BY SRI : GANGADHAR S HOSAKERI, ADVOCATE) AND : 1. THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, NO. 1 MAIN ROAD, AUTO NAGAR, KANABARGI INDUSTRIAL AREA BELGAUM . 2. SMT. SUJATA W/O. SANJAY GURAV AGE: 40 YEARS, OCC: HOUSEHOLD WORK R/O. R S NO. 99/2, PATIL GALLI MANGAI NAGAR, VADAGAON BELGAUM . ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 29.11.2013 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE-D1, ETC. :2: THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
Office has raised an objection regarding the maintainability of writ petition. As the matter is a Green Bench matter, it has to be listed before the Principal Bench only.
2. Learned counsel for petitioner states that petitioner may be permitted to withdraw the writ petition reserving liberty to avail of the alternative remedy under the Air (Prevention & Control of Pollution) Act, 1981.
3. In that view of the matter, writ petition is dismissed as not maintainable reserving liberty to the petitioner to avail of the statutory remedy, if so advised.
Office to return the certified copies of Annexures to petitioner's counsel forthwith, subject to filing of copies of same for the purpose of record.
Sd/-
JUDGE hnm