IN THE HIGH COURT OF KARNATAKA AT BANGALORE
       DATED THIS THE 4TH DAY OF SEPTEMBER 2013
                         : PRESENT :
      THE HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE
                            AND
         HON'BLE MRS. JUSTICE B.V.NAGARATHNA
         WRIT PETITION No. 38241 / 2013 (GM-POL)

BETWEEN

SRI N CHANDRAPPA
S/O LATE L.NARASIMHAIAH, AGED ABOUT 75 YEARS,
R/AT NO.27, 6TH CROSS, SAMPANAGIRAMANAGARA,
BANGALORE - 560 027.
                                        ... PETITIONER

             ( BY SRI RAMA MOHAN M, ADVOCATE. )

AND

1.   THE MEMBER SECRETARY
     KARNATAKA STATE POLLUTION CONTROL BOARD,
     PARISARA BHAVANA, CHURCH STREET,
     BANGALORE-560 001.

2.   THE CHIEF ENVIRONMENT OFFICER
     KARNATAKA STATE POLLUTION CONTROL BOARD,
     PARISARA BHAVANA, CHURCH STREET,
     BANGALORE-560 001.

3.   SRI A R SHASHIKUMAR
     S/O RUDRAPPA, AGED ABOUT 50 YEARS,
     HOUSE NO.175, 10TH MAIN ROAD,
     LAKKASANDRA LAYOUT,
     BANGALORE-560 027.
                                     ... RESPONDENTS


      WRIT    PETITION   FILED   PRAYING   TO   QUASH   THE
IMPUGNED ORDER PASSED BY THE APPELLATE AUTHORITY
                               2



IN APPEAL NO. 15/2013 DATED 18.6.2013 VIDE ANNEXURE-C
AND ISSUE AN ORDER TO CONTINUE THE EARLIER INTERIM
ORDERS DATED 6.6.2013 PASSED BY APPELLATE AUTHORITY
DATED 6.6.2013 VIDE ANNEXURE-C.

     THIS    PETITION     COMING   ON   FOR     PRELIMINARY
HEARING     THIS   DAY,    NAGARATHNA,     J,   MADE     THE
FOLLOWING:


                          ORDER

The order of the Karnataka State Appellate Authority dated 18.6.2013, which is an interim order passed in Appeal No. 15/2013, is assailed in this Writ Petition. The said appeal assails the closure order dated 7.3.2013, which has been passed under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981 read with Rule 20(A) of the Air (Prevention and Control of Pollution) Rules, 1983.

2. Learned counsel for the petitioner states that, though the interim order of stay of the closure order was initially granted by the Appellate Authority, the said stay order was vacated on 18.6.2013. Nevertheless, the petitioner had been continuing the industry till the BESCOM authorities disconnected the power supply. He, therefore, contends 3 that the BESCOM may be directed to restore the power supply and the petitioner may be continued to run the industry till the Appellate Authority disposes of his appeal. The learned counsel also states that, the Appellate Authority has posted the matter for orders on 29.9.2013.

3. Having regard to these facts, we do not think that it would be proper to interfere in a matter particularly at the interlocutory stage in a Writ Petition filed under Article 226 of the Constitution of India. Secondly, if the petitioner is aggrieved by any order passed by the Appellate Authority, then, he could take recourse to file an appeal under Section 31(B) of the Air (Prevention and Control of Pollution) Act, 1981. In that view of the matter, the Writ Petition is dismissed.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE ckc/-