Karnataka High Court
M/S Renuka Poultry Farms vs Karnataka State Pollution Control ... on 11 July, 2012
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF JULY 2012
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
Writ Petition No.17687/2012(GM-POL)
Between:
M/s.Renuka Poultry Farms
A Proprietary Concern by its
Proprietor: Mr.B.Rohith
S/o.Sri K.Borappa
Aged about 27 years
Having his Office at:
Sy.No.39/1AP11
Near 7th Mile Stone, Hadadi Village
Davangere Taluk & District. ....Petitioner
(By Sri B.S.Satyanand, Adv.)
And:
1. Karnataka State Pollution
Control Board
`Parisara Bhavan', No.49
4th & 5th Floor, Church Street
Bangalore 560 001, by its Chairman.
2. Karnataka State Pollution
Control Board
Regional Office:
Plot No.501, Near Central Excise
& Customs Office, C Block
Devaraja Urs Layout
Davangere 577 006
By its Regional Officer. ..Respondents
(By Sri Gangadhar S.Sangolli, Adv.)
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India praying to quash or set aside the
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impugned letter vide Annexure-E dated 24.2.12 and issued
by the R2.
This Writ Petition coming on for Preliminary Hearing
this day, Chief Justice made the following:
ORDER
VIKRAMAJIT SEN, C.J. (Oral) :
We have perused the letter dated 27.01.2012 which inter alia speaks of complaints received from the local residents i.e. village of 7th Milestone, Hadadi Village, Davanagere District. This show-cause notice makes no information of any business being carried out by the respondents.
2. In reply to the show-cause notice, the petitioner had mentioned existence of several other poultry farms in the area. It has also been stated that cleanliness is essential in the poultry business. The impugned order dated 24.02.2012, is unacceptably cryptic and reads thus:
"With respect to the subject cited in the above reference, notice has been issued to your Establishment that why should licence of establishment not be withdrawn. Your establishment is inspected since several Villagers of 7th Milestone have given complaint to this office on 23.02.2012.Smell has been spread up near the house of Venkataramy Reddy's house and mosquitoes have appeared. Therefore, Licence letter of Establishment has been withdrawn by the Board.3
Further, it is informed not to continue Poultry business in the said Place."
3. The order does not make any mention of any details of inspection, if any, being carried out. On the other hand, it clearly indicates that the decision has been taken because of local complaints. The result of the inspection should have been spelt out in detail since civil rights of citizen of India are at stake. The Karnataka State Pollution Control Board is not expected to do the bid of local residents.
4. In these circumstances, the order is set aside. The Writ Petition is allowed in these terms.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Sk/-