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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH 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.35737 OF 2019 (GM-POL)
BETWEEN:
SRI. S. RAMESH KUMAR
S/O H SRINIVASA REDDY
AGED ABOUT 38 YEARS
RESIDING AT NO.150
HALANAYAKANAHALLI VILLAGE
VARTHUR HOBLI
SARJAPUR MAIN ROAD
CARLELRAM POST
BENGALURU - 560 035
... PETITIONER
(BY SMT. ANUSHA NANDISH, ADVOCATE)
AND:
1. KARNATAKA STATE POLLUTION
CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN
PARISARA BHAVAN, 1 TO 5 FLOORS
NO.49, CHURCH STREET
BENGALURU - 560 001
2. BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED (BESCOM)
REPRESENTED BY ITS
MANAGING DIRECTOR
K.R. CIRCLE, BENGALURU - 560 001
... RESPONDENTS
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE CORRIGENDUM DTD.12.07.2019 PASSED BY THE R-1, AT
(ANNEXURE-A) AND CONSEQUENTLY ALLOW THE ABOVE
PETITION AND ETC.
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THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
The impugned corrigendum modifies the direction issued earlier under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 (for short 'the said Act'). Therefore, the impugned corrigendum dated 12th July 2019 is also issued in exercise of power under Section 33(A) of the said Act.
2. The remedy of preferring a substantive appeal under sub-section (c) of Section 33-B of the said Act is available to the petitioner. The contentions which are raised in the petition can be always agitated in the appeal. On the ground of availability of an efficacious remedy, we decline to entertain this petition and the same is accordingly disposed of. The remedy of the petitioner is kept open.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB