Karnataka High Court
Ms Kavita Jain vs State Of Karnataka on 6 August, 2019
Bench: Chief Justice, Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2019
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ
WRIT PETITION NO.13105 OF 2018 (GM-RES-PIL)
BETWEEN:
MS.KAVITA JAIN
D/O.SURENDRA PAL JAIN
AGED ABOUT 39 YEARS
NO.11/1A 22/1BP
KPJ NILAYAM
3RD CROSS, M.P.LAYOUT
BOMMANAHALLI
BENGLAURU-560 068 ... PETITIONER
(BY SHRI HARSHA PANDYA FOR
SHRI GOUTAM S.BHARADWAJ, ADVOCATES)
AND:
1. STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY
DEPARTMENT OF
ANIMAL HUSBANDRY &
VETERINARY SERVICES
M.S.BUILDING
BANGALORE-560 001
2. THE COMMISSIONER
BELAGAVI CITY CORPORATION
CTS NO.4821/27 A.R.S.
NO.1005, VENKATESHWARAYA
CIRCLE ROAD, SUBHAS NAGAR
BELAGAVI-590 016
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3. THE DEPUTY COMMISSIONER
NEAR RANI CHENNAMMA CIRCLE
COURT COMPOUND
BELGAVI-590 002
4. THE DEPUTY DIRECTOR
DIRECTORATE OF
INDUSTRIES & COMMERCE
DISTRICT INDUSTRIES CENTRE
UDYAMBAGH
BELGAVI-590 008
5. ASSISTANT DIRECTOR OF FACTORIES
DIRECTORATE OF FACTORIES
BOILERS, INDUSTRIAL SAFETY &
HEALTH, BASAVANAGAR ROAD
KALLEHOL CAMP
BELGAVI-590 019
6. SENIOR ENVIRONMENTAL OFFICER
KARNATAKA STATE POLLUTION
CONTROL BOARD
DIVISIONAL OFFICE/ZONAL OFFICE
PLOT #4, LAKAMANAHALLI
P.B.ROAD, KIADB INDUSTRIAL AREA
DHARWAD-580 004
7. DESIGNATED FOOD SAFETY OFFICER
FOOD SAFETY AND STANDARDS
AUTHORITY OF INDIA
VACCINE INSTITUTE, TILAKWADI
BELGAUM DISTRICT-590 006
8. THE DIRECTOR (APEDA)
AGRICULTURAL & PROCESSED
FOOD PRODUCTS EXPORT
DEVELOPMENT AUTHORITY
3RD FLOOR, NCUI BUILDING
3 SIRI INSTITUTIONAL AREA
AUGUST KRANTI MARG
(OPP. ASIAD VILLAGE)
NEW DELHI-110 016
9. THE COMMISSIONER OF POLICE
OLD PB ROAD, SUBHASH NAGAR
BELGAVI-590 002
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10. THE STATION HOUSE OFFICER
MALAMARUTI POLICE STATION
BELGAVI-590 016
11. THE DEVELOPMENT OFFICER
THE KARNATAKA INDUSTRIAL
AREAS DEVELOPMENT BOARD
PLOT # 7/B-3, B.K.KANGRALI
INDUSTRIAL AREA, P.B.ROAD
BELGAVI-590 010
12. ASSISTANT EXECUTIVE ENGINEER (ELC.)
O & M SUB DIVISION, NO.3, HESCOM
NEHRU NAGAR
BELAGAVI-590 010
13. THE PROPRIETOR
FIZA EXPORTS
PLOT #1301, KIADB
KANABARGI INDUSTRIAL AREA
BELAGAVI-590 016
14. THE PROPRIETOR
SB TRADERS, PLOT #1302
AUTONAGAR
KANABARGI INDUSTRIAL AREA
BELAGAVI-590 016
15. THE PROPRIETOR
SHRUSHTI AGRO COLD STORAGE
PLOT # SPL-Q1, KIADB
KANABARGI INDUSTRIAL AREA
BELGAVI-590 016
16. THE PROPRIETOR
NILE AGRO FOODS PVT. LTD.
PLOT #1299/A, RS #635, KIADB
KANABARGI INDUSTRIAL AREA
BELGAVI-590 016 ... RESPONDENTS
(BY SHRI ACHAPPA, AGA FOR R1-R7, R9 & R10;
SHRI H.JAYAKARA SHETTY, ADVOCATE FOR R8;
SHRI SANTOSH P.PUJARI, ADVOCATE FOR R15)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT RESPONDENT NO.10 TO DESTROY THE SEIZED 554
TONS OF CATTLE MEAT AND TO DIRECT RESPONDENT NO.3
TO SHUT THE PREMISES OF RESPONDENT NOS.13 TO 16
WHICH IS OPERATING WITHOUT ANY LICENCES AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
There are two substantive prayers in this petition filed in the nature of a public interest litigation. As far as the first prayer is concerned, the order dated 14th June 2019, for the reasons recorded therein, records that prayer clause (a) cannot be granted.
2. As far as the prayer clause (b) is concerned, the order of closure has been implemented as far as the respondent Nos.14 and 16 are concerned. There is a memo filed by the learned counsel appearing for respondent No.6 of today's date to that effect. As regards the respondent No.15, the order of closure has been revoked. As regards respondent No.13, though the order of closure has been made, the same has been stayed by this Court in a writ petition in which the present petitioner has applied for intervention. -5-
3. The submission of the learned counsel appearing for the petitioner is that this petition may be kept pending as far as the respondent No.13 is concerned as his apprehension that even if the stay is vacated, the order of closure will not be implemented.
It is obvious that if the stay granted in favour of respondent No.13 is vacated, the Karnataka State Pollution Control Board is bound to enforce the order of closure. Therefore, it is not necessary to keep the petition pending especially when the petitioner has applied for intervention in the petition filed by the respondent No.13. Accordingly, the petition is disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE LB