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     IN THE HIGH COURT OF KARNATAKA AT BANGALORE
            Dated this the 2nd day of January, 2013
                          PRESENT
THE HON'BLE MR.K.SREEDHAR RAO, ACTING CHIEF JUSTICE
                             AND
        THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
              WP No.18271/2012 (GM-POL-PIL)
BETWEEN :

1.    SRI SEENU
      S/O MALLIKARJUNA
      AGED ABOUT 31 YEARS
      R/O HOSUR, TALUK & DISTRICT RAICHUR
      NOW R/AT NO H 1-4-854/4
      I.D.S.M.T LAYOUT, I B ROAD,
      RAICHUR

2.    SRI MALLIKARJUNA BANDARI
      AGE: 30 YEARS
      HOUSE NO 5-16, WARD NO 6 HOSUR
      TALUK AND DISTRICT RAICHUR

3.    SRI BAGILA NARASAPPA
      AGE: 28 YEARS
      HOUSE NO 187,
      HOSUR,
      TALUK AND DISTRICT RAICHUR

4.    SRI LAKSHMAPPA H
      AGE: 40 YEARS
      HOUSE NO 2-1,
      NEAR ESHWARA TEMPLE
      HOSUR,
      TALUK AND DISTRICT RAICHUR

5.    SRI BALARAJAGOWDA DALAPATHI
      AGE: 41 YEARS
      WARD NO 6,
      HOSUR
      TALUK AND DISTRICT RAICHUR

6.    SRI MAHADEVAPPA
      AGE: 39 YEARS
      SITE NO 25/1,
      HOSUR
      TALUK AND DISTRICT RAICHUR
                             2

7.    SRI NARASIMHULU
      S/O ERANNA
      AGE: 46 YEARS
      WARD NO 6,
      HOSUR TALUK AND DISTRICT RAICHUR

8.    SRI MALLIKARJUNA
      S/O HANUMANTHAPPA
      AGE: 47 YEARS
      WARD NO 6,
      HOSUR TALUK AND DISTRICT RAICHUR

9.    SRI SHANKARAPPA
      S/O SRI LAKSHMAN
      AGE: 41 YEARS
      WARD NO 6,
      HOSUR TALUK AND DISTRICT RAICHUR

10.   SRI THAYAPPA
      S/O ERANNA TALWAR
      AGE: 48 YEARS
      WARD NO 6,
      HOSUR TALUK AND DISTRICT RAICHUR

11.   SRI K NARASAPPA
      S/.O SRI THAYANNA
      AGE: 45 YEARS
      WARD NO 6,
      HOSUR TALUK AND DISTRICT RAICHUR

12.   SRI VEERANNA
      S/O YELAPPA
      AGE: 49 YEARS
      PRESIDENT POLICE BANDE KARMIKARA
      KSHEMABHIVRUDHI SANGHA,
      WARD NO 6, HOSUR
      TALKUK AND DISTRICT RAICHUR

13.   SRI JAMBANNA
      AGE: 50 YEARS
      RECORD CLERK
      LIC OF INDIA,
      WARD NO 6,
      HOSUR
      TALUK AND DISTRICT RAICHUR
                                         ... PETITIONERS
(By Sri K SRIKANTH PATIL, ADV. FOR
SRI S P KULKARNI, ADV.)
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AND :

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY
     DEPARTMENT OF URBAN DEVELOPMENT
     AND MUNICIPAL ADMINISTRATION
     M S BUILDING, BANGALORE 560 001

2.   RAICHUR CITY MUNICIPAL COUNCIL
     REP BY ITS COMMISSIONER,
     RAICHUR DISTRICT

3.   DEPUTY COMMISSIONER
     RAICHUR DISTRICT
     RAICHUR

4.   THE KARNATAKA URBAN WATER SUPPLY AND
     DRAINAGE BOARD,
     DIV. OFFICE: UDAYANAGAR
     STATION ROAD, RAICHUR
     DISTRICT RAICHUR
     REPRESENTED BY ITS CHAIRMAN

5.   THE KARNATAKA STATE POLLUTION
     CONTROL BOARD,
     PARISARA BHAVAN 1ST TO 5TH FLOORS
     NO 49, CHURCH STREET,
     BANGALORE 1
     REPRESENTED BY ITS MANAGING DIRECTOR

                                      ... RESPONDENTS
(By SRI R.G. KOLLE, AGA FOR R1 & R3
SRI DAYANAND S.PATIL & SRI M. RAVINDRANATH,
ADVS, FOR R2,
SRI H.C.SHIVARAMU & SMT. VEENA SHETTY, ADVS, FOR R4
Sri D NAGARAJ, ADV., FOR R5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT   THE   RESPONDENTS     TO  DROP/STALL   THE
PROPOSED ESTABLISHMENT OF S.T.P. AT THE SPOT
FIXED/ARRANGED AT SY. NO.22 OF HOSUR, TALUK AND
DISTRICT RAICHUR IN THE PUBLIC INTEREST AND PROTECT
THE HEALTH AND DIGNITY OF THE RESIDENTS OR COMMON
PUBLIC OF THE SAID AREA, IN THE INTEREST OF JUSTICE
AND EQUITY. (SY. NO.22 IS SHOWN WITH READ COLOUR IN
THE MAP-ABCDE) AND ETC.,
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    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE
FOLLOWING:

                           ORDER

K.SREEDHAR RAO, Ag.C.J. (Oral) :

The counsel for petitioners submits that the petition may be dismissed with liberty to file an appeal under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974.

2. In view of the above submission, the petition is dismissed. The liberty to file an appeal is granted.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE mv 5 Ag.CJ & BVNJ: WP No.18271/2012 07.01.2013.

ORDER ON `FOR BEING SPOKEN TO' It is observed that, time spent in prosecuting the petition be favourably considered for condonation of delay, if any.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE Sk/-