1
     IN THE HIGH COURT OF KARNATAKA AT BANGALORE
         DATED THIS THE 18TH DAY OF MARCH 2013
                        PRESENT
       THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE
                          AND
        THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
        WRIT PETITION No.11125/2013(GM-MMS)


BETWEEN :

1. M/S.SHREE ANWAR DASTAGEER DADIWALE
   STONE CRUSHER
   HIREKODI VILLAGE TQ: CHIKKODI
   DISTRICT: BELGAUM 590 001.
   BY ITS PROPRIETOR
   SRI ANWAR DASTAGEER
   DADIWALE                      ... PETITIONER

          (BY HANUMANTHA REDDY SAHUKAR, ADV.)
AND:

1.     THE STATE OF KARNATAKA
       DEPARTMENT OF MINES AND GEOLOGY
       KANIJA BHAVAN RACE COURSE ROAD
       BANGALORE BY ITS DIRECTOR 560 001.

2.     THE KARNATAKA STATE POLLUTION
       CONTROL BOARD
       PARISARA BHAVAN 4TH AND 5TH FLOOR
       NO.49, CHURCH STREET
       BANGALORE 560 001.
       BY ITS CHAIRMAN 560 001.

3.     THE DEPUTY COMMISSIONER
       BELGAUM DISTRICT
       BELGAUM 590 001.

4.     MINES AND GEOLOGY DEPARTMENT
       BANASHANKARI KRUPA, PLOT NO.68
       SANGAMESHWARA NAGAR APMC ROAD
       BELGAUM 590 001.
                               2

5.    THE EXECUTIVE ENGINEER
      HUBLI ELECTRICITY SUPPLY COMPANY
      O & M GANDHINAGAR
      BELGAUM 590 001.

6.    THE ASSISTANT EXECUTIVE ENGINEER
      HUBLI ELECTRICITY SUPPLY COMPANY
      O & M GANDHINAGAR
      BELGAUM 590 001.

7.    THE ASSISTANT EXECUTIVE ENGINEER
      HUBLI ELECTRICITY SUPPLY COMPANY
      CHIKKODI
      DISTRICT: BELGAUM 590 001.    ..RESPONDENTS


           (BY SRI R.G. KOLLE, AGA FOR R1 & 3,
           SRI GURURAJ JOSHI, ADV. FOR R2)

    THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 2.2.2013 PASSED BY THE R2
PRODUCED AS ANNEXURE-B.

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

                           ORDER

D.H.WAGHELA, C.J. (Oral) :

The petitioner has sought quashing of the order dated 2.2.2013 of the Karnataka State Pollution Control Board and that order is made under the provisions of the Air (Prevention and Control of Pollution) Act, 1981 and the Rules made therein.

2. The present petition is not required to be entertained in view of the observation made by the Apex Court in 3 paragraphs 40 and 41 of the Bhopal Gas Peedith Mahila Udyog Sangathan & Others v. Union of India & Others ((2012) 8 SCC

326).

3. Accordingly, the petition is dismissed with liberty to the petitioner to take such alternative remedy as they may be advised.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE Sk/-