1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 7TH DAY OF APRIL, 2014

                     BEFORE

  THE HON'BLE MR. JUSTICE C.R. KUMARASWAMY

    WRIT PETITION NO.13999 OF 2014 (GM-POL)

BETWEEN:

H.S.VEERANNA
AGED ABOUT 55 YEARS
S/O. SIDDARAMAIAH
SANGAIAH HANAGONDIMATH
M/S. SUMA ENTERPRISES
# 196/1 & 197/1
HARDIKAR MANJAPPA ROAD
(BINNI MILL ROAD)
DAVANAGERE-577 001                  ... PETITIONER

(BY SRI. R. GOPALA, ADVOCATE)

AND:

1. THE KARNATAKA STATE POLLUTION
   CONTROL BOARD
   PLOT NO.501
   NEAR CENTRAL EXCISE AND
   CUSTOMS OFFICE
   'C' BLOCK
   DEVARAJ URS LAYOUT
   DAVANAGERE-577 006
   REPRESENTED BY ITS
   ENVIRONMENTAL OFFICER

2. THE CITY MUNICIPAL CORPORATION
   DAVANAGERE CITY
                                2

  P. B. ROAD
  DAVANAGERE-577 002
  REPRESENTED BY GPA
  AYUKTARU                               ...RESPONDENTS

    THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUION OF INDIA
PRAYING TO QUASH THE ORDER DATED 06.12.2013
VIDE ANNEUXRE-F, PASSED BY R-1 AND ALSO THE
ORDER/INTIMATION LETTER DATED 28.02.2014 VIDE
ANNEXURE-L PASSED BY THE R-2.

     THIS PETITION IS COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

Learned counsel for the petitioner files a memo.

The memo dated 07.04.2014 reads as under:-

"After filing of the above writ petition, it was noticed that against the impugned order of 1st respondent, alternative remedy of appeal is provided under section 31 of the AIR (Prevention and Control of Pollution) Act, 1981 and that against the impugned order of 2nd respondent, appeal is provided under section 444 of Karnataka Municipal Corporation Act and accordingly the petitioner has filed appeals and pursuing the same before respective appellate authorities. As such the 3 petitioner prays that he may be permitted to pursue alternative remedy of appeal. Therefore the petitioner prays permission to withdraw the writ petition since the petitioner has already approached the appellate authorities as aforesaid challenging the impugned orders."

In view of this memo, this writ petition is dismissed.

Sd/-

JUDGE LB