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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 18TH DAY OF SEPTEMBER, 2019

                       PRESENT

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

                          AND

       THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

        WRIT PETITION NO. 42397 OF 2019 (GM-POL)


BETWEEN:
SRI SANGAMA RICE INDUSTRIES
N.H.4, SIRA ROAD, LINGAPURA
TUMKUR - 572 103
BY ITS PARTNER
SRI K. B. SHIVAPRAKASH
AGED ABOUT 69 YEARS
                                         ... PETITIONER
(BY SHRI BASAVARAJA T., ADVOCATE)

AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD
   HEAD OFFICE
   'PARISARA BHAVANA'
   NO.49, CHURCH STREET
   BANGALORE - 560 001
   BY ITS SENIOR ENVIRONMENTAL OFFICER

2. KARNATAKA STATE POLLUTION CONTROL BOARD
   DIVISIONAL OFFICE
   CA NO.02, 3RD MAIN
   KHB COLONY
   BEHIND PRAGATHI GRAMEENA BANK
   NEAR KHB OFFICE
   SADIK NAGAR ROAD
   CHITRADURGA - 577 501
   BY ITS SENIOR ENVIRONMENTAL OFFICER
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3. KARNATAKA STATE POLLUTION CONTROL BOARD
   HAVING REGIONAL OFFICE
   FLAT NO.97, ANTHARASANAHALLI
   INDUSTRIAL AREA
   SIRA ROAD, LINGAPURA
   TUMKUR - 572 106
   BY ITS ENVIRONMENTAL OFFICER

4. EXECUTIVE ENGINEER (V)
   VA.KA. & PA. DIVISION
   BESCOM
   TUMKUR - 572 103
                                     ... RESPONDENTS
(BY SHRI GURURAJ JOSHI, ADVOCATE FOR R1-3)
                          ---
    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER PASSED BY THE 2ND
RESPONDENT DATED 27.06.2019 VIDE ANNEXURE-A AND
ANOTHER IMPUGNED ORDER PASSED BY THE 4TH
RESPONDENT DATED 25.07.2019 VIDE ANNEXURE-B AND ETC.

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

                           ORDER

The first order under challenge is dated 27th June 2019 by the Karnataka State Pollution Control Board (for short 'KSPCB') refusing to grant consent for operation under sub- section (4) (b) of Section 25 read with sub-section (2) (b) of Section 27 of the Water (Prevention and Control Pollution) Act, 1974 (For short 'the said Act of 1974') and there is also a challenge to the subsequent action of disconnection of power supply.

2. The learned counsel appearing for the petitioner submits that the decision of refusal of consent for operation is not by the KSPCB. He submits that the decision on the application for grant of consent for operation has to be taken by the Board and not by its officer. He also submits that notwithstanding the remedy available to file an appeal provided under the said Act of 1974, a writ petition be entertained. He further submits that though there is no direction for disconnection of power supply, the same has been disconnected.

3. We have considered the submissions. The impugned order dated 27th June 2019 itself records that a power has been delegated by the Board of refusal of consent to the RSEOs vide the office memorandum dated 24th June 2019. Thus, the impugned order is of the Board. Therefore, an efficacious remedy of preferring an appeal under Section 28 of the said Act of 1974 is available to the petitioner.

4. Insofar as the act of disconnection of power supply is concerned, it is a consequential action taken on the basis of the order dated 27th June 2019. The petitioner cannot run the -4- industry of manufacture of steam rice/raw rice without the consent for operation and therefore, as a consequence of the refusal of grant of consent for operation, the power supply to the industry has been disconnected. If the petitioner succeeds in the appeal and consent for operation is ordered to be granted, the power supply is bound to be restored.

5. Accordingly, subject to what is observed above, we dispose of the petition on the ground that an efficacious remedy of preferring an appeal under Section 28 of the said Act of 1974 is available. All contentions on merits are kept open.

6. Registry to return the original copies of Annexures- A and B, if filed on record, to the learned counsel appearing for the petitioner after taking certified copies of the same on record.

Sd/-

CHIEF JUSTICE Sd/-

SN                                          JUDGE