:1:




           IN THE HIGH COURT OF KARNATAKA
              CIRCUIT BENCH AT DHARWAD

        Dated this the 21st day of August 2013

                         Before

   THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS


        Writ Petition No.78163/2013 (GM-Res)

Between:

Smt. Sujata,
W/o Sanjay Gurav,
Age: 39 years, Occ: Housewife,
R/o R.S.No.99/2, Patil Galli,
Mangai Nagar, Vadagaon,
Belgaum.                                   ...Petitioner

(By Sri. R.M.Kulkarni, Advocate)

And:

Yallappa
S/o Parashuram Tarale,
Since deceased by LRs

1. Smt. Laxmi,
   W/o Yallappa Tarale,
   Age: 68 years,
   Occ: Household work,
   R/o Laxmi Galli, Ambewadi,
   H.No.68, Belgaum.
                            :2:




2. Parashuram,
   S/o Yallappa Tarale,
   Age: 45 years, Occ: Business,
   R/o Laxmi Galli, Ambewadi,
   H.No.68, Belgaum.

3. Shankar, S/o Yallappa Tarale,
   Age: 43 years, Occ: Business,
   R/o Laxmi Galli, Ambewadi,
   H.No.68, Belgaum.

4. Sidaya, S/o Yallappa Tarale,
   Age: 41 years, Occ: Business,
   R/o 99/A2, Mangai Nagar,
   Vadagaon, Belgaum.

5. Siddarth,
   S/o Parashuram Tarale,
   Age: major, Occ: Business,
   R/o 99/A2, Patil Galli, Mangai Nagar,
   Vadagaon, Belgaum.

6. The Commissioner,
   City Corporation,
   Belgaum.

7. The Assistant Environmental
    Officer, Karnataka State Pollution
    Control Board, Belgaum.

8. The Regional Officer,
   Karnataka State Pollution Control
    Board, No.1, Main Road,
   Auto Nagar, Kanabargi Industrial
   Area, Belgaum-590015.                   ...Respondents
                            :3:




      This writ petition is filed under Articles 226 & 227
of the Constitution of India with a prayer to direct to
take necessary action as against respondent Nos.1 to 5
under Section 37 of the Air (Prevention and Control of
Pollution)   Act,     1981       by   implementing     the
communication dated 18.08.2012 produced as per
Annexure-A by the respondent No.6 to 8.

      This petition coming on for preliminary hearing
this day, the court made the following:


                          ORDER

On a complaint lodged by the petitioner, the 7th respondent inspected the spot and issued a communication as per Annexure-A dated 18th August 2012 to respondent Nos.1 to 5, who are the owners of power looms - "M/s. Sri Yallappa Parasahram Tarale", to comply certain instructions, failing which to take action under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981. According to the petitioner, respondent Nos.1 to 5 have not complied the instructions specified in Annexure-A. If that is so, it is open for the petitioner to complain to the 7th respondent :4: about the non-compliance of the instructions given by him in his notice at Annexure-A. If such a complaint is lodged by the petitioner, then the 7th respondent to take further steps in the matter as required under Section 37 of the Air (Prevention and Control of Pollution) Act, 1981.

Accordingly, the writ petition is hereby disposed of.

Sd/-

JUDGE Kms