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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 10TH DAY OF OCTOBER, 2019

                       PRESENT

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

                         AND

      THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

         WRIT PETITION NO. 47784/2019 (GM-POL)

BETWEEN

M/S. S B TRADERS
PLOT NO. 1302/B
100 FEET ROAD, AUTO NAGAR
KIADB INDUSTRIAL AREA
(KANBARGI INDUSTRIAL AREA)
BELAGAVI - 590 015
REP BY ITS PROPRIETOR
MR. NAYEEM YAQUB CHOWDHRY                ... PETITIONER

(BY SRI SHAHUL HAMEED REHEMAN, ADVOCATE)


AND

1.THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE - 560 001

2.THE KARNATAKA STATE POLLUTION
CONTROL BOARD, PARISARA BHAVAN
NO.49, CHURCH STREET
BANGALORE - 560 001
REP BY ITS MEMBER SECRETARY
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3.THE SENIOR ENVIRONMENTAL OFFICER
KARNATAKA STATE POLLUTION
CONTROL BOARD, BELAGAVI DIVISION
AUTO NAGAR, BELAGAVI - 590 015

4.THE DEPUTY COMMISSIONER
BELAGAVI, COURT COMPOUND
BELAGAVI - 590 001

5.THE EXECUTIVE ENGINEER
HESCOM, CSD-2
NEAR RAILWAY STATION
BELAGAVI - 590 010                       ... RESPONDENTS

(BY SRI VIKRAM HUILGOL, HCGP FOR R-1 & 4;
 SRI JEEVAN J NEERALGI, ADVOCATE FOR R-2 & 3)

        THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDE THE CLOSURE ORDER DATED 21.05.2018 U/S 33(A)
OF      THE   WATER   (PREVENTION      AND   CONTROL   OF
POLLUTION) ACT, 1974 AND RULE 34 OF THE KARNATAKA
BOARD FOR THE PREVENTION AND CONTROL OF WATER
POLLUTION       (PROCEDURE       FOR   TRANSACTION     OF
BUSINESS) RULES, 1976 AND U/S 31(A) OF THE AIR
(PREVENTION AND CONTROL OF POLLUTION) ACT, 1981
AND RULE 20(A) OF THE KARNATAKA AIR (PREVENTION
AND CONTROL OF POLLUTION) RULES, 1983 AS PER
ANNEXURE-J ISSUED BY RESPONDENT NO.2 I.E., THE
KARNATAKA STATE POLLUTION CONTROL BOARD AND
ETC.,

        THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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                              ORDER

In the normal course, this Court would have relegated the petitioner to the remedy of appeal under clause (c) of Section 33B of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the said Act of 1974'). However, the learned counsel appearing for the petitioner, on instructions, states that the petitioner is confining the prayer in the petition only to one direction regarding disposal of the representation dated 23rd September 2019 (Annexure-L). His contention is that in similar matters, the direction issued under Section 33A of the said Act of 1974 has been modified by the Karnataka State Pollution Control Board.

2. In view of the limited prayer, we dispose of the petition by passing the following order:

(i) The second respondent is directed to decide the representation dated 23rd September 2019 (Annexure-L) in accordance with law;

(ii) The representation shall be decided and the orders passed thereon shall be communicated to the petitioner as expeditiously as possible 4 and in any event, within a period of four weeks from today;

(iii) All contentions on merits are kept open.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE bkv