IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

     DATED THIS THE 05 t h DAY OF JANUARY 2018

                      BEFORE

       THE HON'BLE MRS.JUSTICE K.S.MUDAGAL

 WRIT PETITION No.104439 OF 2016 [GM-POL]

BETWEEN:

      APPASAHEB RAMU KUMBAR
      AGE: 48 YEARS,
      OCC: BUSINESS,
      PROPRIETOR / AUTHORISED SIGNATORY
      OF M/S. SHREE AUTOMOBILES
      PLOT NO.4, SHAH PLOT,
      NEAR RAILWAY STATION,
      UGAR-KHURD.
      TQ: ATHANI-591304
      DIST: BELAGAVI.
                                      ... PETITIONER
(By Sri. S M TONNE ADV.)

AND:

1.   KARNATAKA STATE POLLUTION
     CONTROL BOARD
     BY ITS MEMBER SECRETARY
     PARISARA BHAVAN,
     1ST TO 5TH FLOOR,
     NO.49, CHURCH STREET,
     BANGALURU-560001.

2.   THE OFFICE OF THE REGIONAL
     SENIOR ENVIRONMENTAL OFFICER,
     KARNATAKA STATE POLLUTION
     CONTROL BOARD DHARWAD,
     PLOT NO.4, LAKAMANAHALLI
                          :2:         WP No.104439/2016



     INDUSTRIAL AREA,
     DHARWAD-580004.
     By ITS SENIOR ENVIRONMENT OFFICER

3.   THE ENVIRONMENTAL OFFICER,
     KARNATAKA STATE POLLUTION
     CONTROL BOARD,
     CHIKKODI NO.3224/3,
     HANUMAN NIVAS, 1ST FLOOR
     B.K. COLLEGE ROAD,
     CHIKKODI-591201,
     DIST: BELAGAVI.

4.   TUKARAM KRISHNA KAMATE,
     AGE: 86 YEARS, OCC: RETD. HONY CAPTAIN,
     INDIAN ARMY,
     R/O. PLOT NO.21, "CHANDRAROOP"
     SHAHA PLOTS, RAILWAY STATION ROAD,
     UGAR-KHURD, ATHANI TALUKA,
     BELAGAVI DISTRICT-591316

5.   PROF.VIVEKANANAD ANANDRAO MANE,
     AGE: 35 YEARS, OCC: ASST. PROFESSOR,
     R/O. "NARENDRA DHAM"
     PLOT NO.22, SHAHA PLOTS,
     RAILWAY STATION ROAD,
     UGAR-KHURD, ATHANI TALUKA
     BELAGAVAI DISTRICT-591316
                                      ... RESPONDENTS
(By Sri. G I GACHCHINAMATH ADV. FOR R1-R3;
      SRI.RAVI V.HOSAMANI, ADV. FOR R4 & R5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTION OF INDIA, PRAYING TO:


       A.    QUASH  THE   IMPUGNED    ORDER   /
            COMMUNICATION    19.05.2016,  VIDE
            ANNEXURE-L  PASSED    BY  THE   3rd
            RESPONDENT.
                                    :3:               WP No.104439/2016



       B. DIRECT RESPONDENTS TO ISSUE CONSENT
           TO THE PETITIONER'S UNIT i.e. SALES
           AND SERVICE CENTRE "M/S. SHREE
           AUTOMOBILES" IN TERMS OF THE
           APPLICATION DATED:13/14.08.2015 VIDE
           ANNEXURE-H.

     This Writ Petition coming on for Orders, this day the
Court made the following:-



                              ORDER

Heard on the memo filed by the learned counsel for the petitioner for withd rawal of the petition.

2. The learned counsel for the respondents opposes g ranting lib erty to the petitioner to come before this Court again on the same cause of action contend ing that the petitioner is choosing forums as per his convenience.

3. It is evid ent that the p etitioner first challenged the impugned ord er before the Karnataka State App ellate Authority und er Water (Prevention and Control of Pollution) Act and Air (Prevention and :4: WP No.104439/2016 Control of Pollution) Act. He withdrew that app eal and has come before this Court.

4. After spend ing much time b efore this Court, he is seeking withdrawal of the petition with lib erty to pursue the remed y availab le. If the petitioner has any other statutory remedy available that cannot be curtailed in this proceeding. Only the liberty can be rejected to come before this Court ag ain on the same cause of action.

Therefore, the Writ Petition is dismissed as withd rawn without reserving liberty to the p etitioner to come b efore this Court again on the same cause of action.

Sd/-

JUDGE RK/-