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THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

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Karnataka High Court
Sidray S/O Yallappa Tarale vs The Environmental Officer on 17 September, 2014
Author: B.V.Nagarathna
                         :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