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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 6TH DAY OF FEBRUARY, 2019

                       PRESENT
       THE HON'BLE MR.L.NARAYANA SWAMY,
             ACTING CHIEF JUSTICE
                         AND
   THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR

      WRIT PETITION NO.58194 OF 2018 &
    WRIT PETITION NO.1389 OF 2019 (GM-POL)

BETWEEN:
M/S. AKASH R. HANJI -
SAND STONE CRUSHER PRODUCTS
YAMAKANMARDI
DIST: BELAGAVI
BY ITS PROPRIETOR
RAVINDRA
S/O BASAVENAPPA HANJI
AGE: 47 YAERS, OCC: BUSINESS
R/O YAMAKANMARDI VILLAGE
TALUK: HUKKERI, DIST: BELAGAVI - 591 309
                                           ... PETITIONER
(BY SRI ARUNA SHYAM M., ADVOCATE)


AND:
1. THE ENVIRONMENT OFFICER
   KARNATAKA STATE POLLUTION CONTROL BOARD
   BELAGAVI - 2 (CHIKODI CENTER) - 591 201

2. KARNATAKA STATE POLLUTION CONTROL BOARD
   THROUGH ITS CHAIRMAN
   'PARISAR BHAVAN' 1ST TO 5TH FLOOR
   #49, CHURCH STREET
   BENGALURU - 560 001
                                     ... RESPONDENTS
(BY SRI D.NAGARAJ, AGA)
                            ---
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     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 23.10.2018 PRODUCED
VIDE ANNEXURE-A PASSED BY THE RESPONDENT NO.2 BOARD
WITHDRAWING     THE     CONSENT     FOR    OPERATION   DATED
15.09.2017 GRANTED TO THE PETITIONER AND ETC.


     THESE    PETITIONS    COMING     ON    FOR   PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE MADE THE
FOLLOWING:


                           ORDER

Sri D.Nagaraj, learned Additional Government Advocate appears for the respondents.

2. Heard.

3. Learned counsel for the petitioner submits that since the Government of Karnataka has not appointed a Chairman to the Karnataka State Appellate Authority, Bengaluru under the Water and Air (Prevention and Control of Pollution) Acts, 1974 and 1981 respectively, he may be granted liberty to approach the National Green Tribunal ('NGT'). He further submits that similar petitions filed under the Water (Prevention and Control of Pollution) Act, 1974 are pending before the NGT. -3-

4. In view of the submissions made by learned counsel for the petitioner, these petitions stand disposed of reserving liberty to the petitioner to approach the NGT.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE AHB