1
     IN THE HIGH COURT OF KARNATAKA AT BANGALORE
          Dated this the 20th day of September, 2012
                          PRESENT
       THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
                            AND
         THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
              WP No.38404/2012 (GM-RES-PIL)

BETWEEN:

MAHESHWARA GOWDA
AGED ABOUT 52 YEARS
S/O SIDDANNA
NO.171, BBMP-9
KULKARNI STREET
BEHIND KRISHNA BAKERY
SUDDAGUNTEPALYA
C V RAMAN NAGAR
BANGALORE - 93.
                                              ... PETITIONER

(BY SRI JAYAKUMAR S. PATIL, SR. COUNSEL ALONGWITH
 SRI PRUTHVI WODEYAR, ADV. FOR
 M/S JAYAKUMARA S. PATIL, ASSTS., ADVS.,)


AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF ECOLOGY AND ENVIRONMENT,
       M S BUILDING
       BANGALORE - 560 001
       BY ITS UNDER SECRETARY.

2.     KARNATAKA STATE POLLUTION CONTROL BOARD
       PARISARA BHAVANA
       CHURCH STREET
       BANGALORE -560 001
       BY ITS MEMBER SECRETARY.
                                 2
3.   R SRIDHARAN, IAS
     PRINCIPAL SECRETARY
     FOREST, ENVIRONMENT & ECOLOGY DEPARTMENT
     VIDHANA SOUDHA
     BANGALORE 560 001.
                                      ... RESPONDENTS
(BY SRI.S.VIJAYA SHANKAR, AG ALONGWITH
SRI R. DEVDAS, AGA FOR R1 &
SRI D. NAGARAJ, ADV. FOR R2)


    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 01.09.2012 PASSED BY
RESPONDENT NO.1 VIDE ANNEXURE-D & ETC.


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

                            ORDER

VIKRAMAJIT SEN, C.J. (Oral) :

The order dated 01.09.2012 issued by respondent No.1 is assailed in this Writ Petition. By the said order, the Principal Secretary, Forest, Environment and Ecology has been appointed as a Chairman of respondent No.2-Board with effect from 04.09.2012 in addition to his existing responsibilities, until further orders.

2. The Government has by Notification dated 18.09.2012 appointed Dr.Ayi Vaman N.Acharya, as Chairman, Karnataka State Pollution Control Board, for a period of three years from the date of his taking over charge. This is stated 3 to be in accordance with Section 4(2)(a) of the Water (Prevention and Control of Pollution) Act, 1974.

3. With the Notification dated 18.09.2012, the nomination is to be for a period of three years from the date of taking over charge.

4. In these circumstances, the Writ Petition is disposed of reserving liberty to the petitioner to assail the said nomination on any ground that they may find relevant.

Ordered accordingly.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE mv