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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 22ND DAY OF AUGUST, 2019

                       PRESENT

      THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE

                          AND

       THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

         WRIT PETITION NO.12688 OF 2019 (GM-POL)

BETWEEN:

ITTINA AKKALA APARTMENT
OWNER'S ASSOCIATION
ITTINA AKKALA APARTMENTS
SY NO.174/1B, 174/3, 176/1
AND 176/4, OF HOODI VILLAGE
K.R. PURAM HOBLI
BENGALURU EAST TALUK
BENGALURU-560082

REPRESENTED BY ITS PRESIDENT
SRI SUNDARAM CHANDRASHEKHARAN
S/O LATE N. SUNDARAM
AGED ABOUT 62 YEARS
                                          ... PETITIONER
(BY SHRI ANIL KUMAR J.M., ADVOCATE)

AND:

1.    THE STATE OF KARNATAKA
      REPRESENTED BY ITS SECRETARY
      (ECOLOGY AND ENVIRONMENT)
      FOREST ECOLOGY AND
      ENVIRONMENT DEPARTMENT
      7TH FLOOR, M.S.BUILDING
      BANGALORE-560001
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2.   THE KARNATAKA STATE POLLUTION
     CONTROL BOARD
     PARISARA BHAVANA, 1ST TO 4TH FLOOR,
     BENGALURU-560001
     REPRESENTED BY ITS
     MEMBER SECRETARY

3.   BANGALORE WATER SUPPLY AND
     SEWERAGE BOARD
     2ND FLOOR,
     CAUVERY BHAVAN,
     K.G.ROAD,
     BANGALORE-560009
     REPRESENTED BY ITS
     CHIEF ADMINISTRATIVE OFFICER
     AND SECRETARY

4.   M/S ITTINA PROPERTIES PRIVATE LIMITED
     A COMPANY INCORPORATED UNDER
     THE PROVISIONS OF COMPANIES ACT
     3RD BLOCK,
     KORAMANGALA
     BENGALURU-560034
     REPRESENTED BY ITS
     MANAGING DIRECTOR.

                                     ... RESPONDENTS
(BY SHRI P.B. ACHAPPA, AGA FOR R1,
 SHRI D. NAGARAJ, ADVOCATE FOR R2,
 R3 - SERVED &
 SMT. PRIYA, ADVOCATE FOR
 SHRI T. SURYANARAYANA, ADVOCATE FOR R4)
                           ---
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE IMPUGNED REFUSAL ORDER DATED 24.05.2018 PASSED
BY THE R-2 VIDE ANNEXURE-P TO THE W.P. AND ETC.

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

Against the impugned order passed under clause (b) of Section 25(4) and Section 27 of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the said Act'), a substantive remedy of appeal has been provided under Section 28 of the said Act.

2. In view of availability of the efficacious remedy of appeal, we decline to entertain this petition under Article 226 of the Constitution of India. Accordingly, the petition is disposed of by granting liberty to the petitioner to adopt the remedy.

The Appellate Authority is bound to note that this writ petition was filed in this Court on 18th March 2019 and that the same remained pending till today.

All contentions raised in this petition are kept open.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE AHB