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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU
           DATED THIS THE 15TH DAY OF FEBRUARY 2016
                           PRESENT
 HON'BLE MR.SUBHRO KAMAL MUKHERJEE, ACTING CHIEF JUSTICE
                             AND
              HON'BLE MR.JUSTICE RAVI MALIMATH
                WP Nos.8378-8380/2016 (GM-POL)
BETWEEN :

SRI GURUPRASAD
S/O B.C.BASAVALINGAPPA
AGED ABOUT 36 YEARS
PROPRIETOR OF M/S. GURUKRUPA STONE CRUSHER
R/O BASAVANA BEEDI
ANANDAPURA, ANANDAPURA POST
SAGAR TALUK, SHIMOGA DISTRICT.
                                                 ... PETITIONER
(By Sri R.L.PATIL, SR. ADVOCATE FOR
Sri HARISH KUMAR M S, ADVOCATE)

AND :

1.     GOVERNMENT OF INDIA
       REPRESENTED BY PRINCIPAL SECRETARY
       DEPARTMENT OF MINISTRY OF
       ENVIRONMENT AND FOREST
       NO.A207, AGNI, II FLOOR
       INDIRA PARYAVARAN BHAVAN
       JORBAGH ROAD, ALIGADH
       NEW DELHI-110003.

2.     STATE OF KARNATAKA
       REPRESENTED BY ITS PRINCIPAL SECRETARY
       VIDHANA SOUDHA
       DR.B.R.AMBEDKAR VEEDHI
       BANGALORE-560 001.

3.     KARNATAKA STATE POLLUTION CONTROL BOARD
       REPRESENTED BY ITS MEMBER SECRETARY
       PARISARA BHAVAN, NO.49, CHURCH STREET
       BENGALURU-560 001.
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4.      SENIOR ENVIRONMENT OFFICER
        KARNATAKA STATE POLLUTION CONTROL BOARD
        DIVISIONAL OFFICER
        CA NO.02, 3RD MAIN, KHB COLONY
        BEHIND PRAGATHI GRAMIN BANK
        NEAR K.H.B. OFFICER
        SADIK NAGAR ROAD
        CHITRADURGA-577 501

5.      THE DISTRICT STONE CRUSHERS LICENSING
        AND REGULATION AUTHORITY
        SHIMOGA DISTRICT
        REPRESENTED BY ITS MEMBER SECRETARY
        SENIOR GEOLOGIST
        DEPARTMENT OF MINES & GEOLOGY
        SHIMOGA DISTRICT-571201.

6.      SENIOR GEOLOGIST
        DEPARTMENT OF MINES & GEOLOGY
        SHIMOGA DISTRICT
        SHIMOGA-571201
                                               ... RESPONDENTS

(By Sri D.NAGARAJ, AGA FOR R.2 & 6)


        THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER PASSED BY KARNATAKA STATE POLLUTION CONTROL
BOARD DATED 25.11.2015 ISSUING DIRECTION TO CLOSE THE
STONE CRUSHING UNIT AT SY.NO.16 OF MASAGALLI VILLAGE,
HOSANAGAR TALUK, SHIMOGA DISTRICT, AT ANNEXURE-T AND
ETC.,


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

The order passed under Section 31-A of the Air (Prevention and Control of Pollution) Act, 1981 ('the said Act' for short), is impugned in these writ petitions.

2. Mr.D.Nagaraj, learned additional government advocate appearing for the State respondents raised a preliminary objection as to the maintainability of these writ petitions. He submits that the order impugned is appealable under Section 31 of the said Act.

3. Mr.R.L.Patil, learned senior advocate appearing for the writ petitioner, submits that when there has been infringement of fundamental rights and violation of natural justice, the writ petitions can be entertained by this Court in exercise of its discretion.

4. We accept the said submission of Mr.Patil, learned senior advocate, that there is no bar for entertaining these writ petitions. But, when the legislature has provided an appeal remedy on the facts and the law, we are slow in exercising our discretion in entertaining the writ petitions. -4-

5. Therefore, the writ petitions are disposed of granting liberty to the writ petitioner to approach the appellate Tribunal in accordance with law.

6. We express no opinion on the merits.

7. We make no order as to costs.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE mv