Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.
-1- 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 --- 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. -2- 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