Karnataka High Court
Sri Dharmapal M.A., L.L.B vs The State Of Karnataka on 26 April, 2013
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF APRIL 2013
PRESENT
THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.18819/2013 (GM-RES-PIL)
BETWEEN
1. SRI DHARMAPAL M.A., L.L.B
ADVOCATE
S/O MARIAPPA GOWDA
AGED ABOUT 54 YEARS, NO.64/1
LAKSHMI COMMERCIAL COMPLEX
SESHADRIPURAM 1ST MAIN ROAD
BANGALORE-560020
2. MR. LEELESH KUMR K.P.
ADVOCATE
S/O LATE K.A. POOVAIAH
AGED ABOUT 31 YEARS
R/AT NO.539, 8TH CROSS
GOKUL, YESHWANTHPURA
BANGALORE-560022
3. MR. DEVANANDA H.L.
ADVOCATE
S/O LATE H.LINGAPPA
AGED ABOUT 41 YEARS, NO.64
LAKSHMI COMMERCIAL COMPLEX
SESHADRIPURAM 1ST MAIN
BANGALORE-560020
4. MR. NARAYANA SHETTY .K
S/O LATE K.K. SHETTY
AGED ABOUT 62 YEARS
SOCIAL WORKER
R/AT 27, 2ND CROSS
2
DEVAPPA GARDEN, 1ST MAIN
R.M.V. 2ND STAGE
BANGALORE-560094
5. DR. BENSON
S/O LATE K.G. KURIAN
AGED ABOUT 60 YEARS
R/AT 619, MANAE COMPOUND
T. DASARAHALLI
BANGALORE-560057 ... PETITIONERS
(BY SRI K.L.SHREENEVASA & SRI MOHAMMED RIZWAN
AHAMED, ADVS., FOR M/S. K N L ASSOCIATES, ADVS.,)
AND
1. THE STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY
VIDHANA SOUDHA, BANGALORE-560001
2. THE STATE CHIEF ELECTION COMMISSIONER
OFFICE OF ELECTION COMMISSIONER
CUBBAN PARK, BANGALORE-560001
3. THE COMMISSIONER OF B.B.M.P.
BANGALORE CITY CORPORATION
BANGALORE-560001
4. THE DIRECTOR GENERAL OF POLICE
OF KARNATAKA STATE
NRUPATHUNGA ROAD
BANGALORE-560001
5. THE COMMISSIONER OF POLICE
OF BANGALORE CITY, INFANTRY ROAD
BANGALORE-560001
6. THE CHAIRMAN
KARNATAKA STATE POLLUTION
CONTROL BOARD, M.S. BUILDINGS
BANGALORE-560001
... RESPONDENTS
(BY SRI R.DEVDAS, AGA FOR R-1, 4 & 5;
SRI D.NAGARAJ, ADV., FOR R-6)
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THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUION OF INDIA PRAYING
TO DIRECT THE RESPONDENTS TO CURB AND BAN
COMPLETELY MANUFACTURING, SELLING AND USING
OF NATIONAL FLAGS, BANNERS, BUNTINGS FLEX,
HOARDINGS OR ANY KIND OF FLAGS, CAPS AND ANY
OTHER ITEMS MADE OUT OF PLASTIC DURING TIME OF
ELECTION CAMPAIGN AND NATIONAL FESTIVALS AND
ETC.,
THIS WRIT PETITION COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE
MADE THE FOLLOWING:
ORDER
D.H.WAGHELA, CJ (Oral)
1. In spite of the petition having been filed by five petitioners, few of whom are advocates, learned counsel for the petitioners only canvassed the necessity of curbing and banning completely manufacturing, selling and using of national flags, banners, buntings flex, hoardings or any kind of flags, caps and any other items made out of plastic during the time of election campaign and national festivals.
2. No reply was forthcoming to the question regarding the relevant legal provisions, on the basis of which any relief, as prayed, could be granted. This shows the level at which litigations are filed and pursued in the name of public interest. It appears from the record that, there are rules for management and handling of plastic waste and 4 authorities are prescribed therein. Accordingly, the use, collection, segregation, transportation and disposal of plastic waste is regulated by the rules and there are authorities entrusted with the task of enforcement of these rules. The petitioners do not appear to have cared to even find out the officers entrusted with enforcement of the above rules and approach them with appropriate representation. Under the circumstances and in absence of any legal assistance in the matter, it would be inappropriate to issue notice to the respondents on the basis of vague allegations and in the absence of specific averments made in the petition. Therefore, the petition is dismissed with liberty to the petitioners to approach the appropriate authority, after necessary study of the appropriate legal provisions.
Sd/-
CHIEF JUSTICE Sd/ -
JUDGE bkv