Karnataka High Court
Huda Education Minority Society vs The Director Of Municipal ... on 5 February, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-D:2461
WP No. 106343 of 2017
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 106343 OF 2017 (LB-RES)
BETWEEN:
HUDA EDUCATION MINORITY SOCIETY,
BY ITS SECRETARY,
K. MOHAMED IDRIS S/O. HAFIZ MOHMED IBRAHIM,
AGE: 56 YEARS, NALLA-CHERUVU,
COWL BAZAR, BALLARI, DIST: BALLARI.
...PETITIONER
(BY SRI. K.S. PATIL, SRI. V.M. MALLI &
SRI. SADANAND M.K., ADVOCATES)
AND:
1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION
DEPARTMENT OF URBAN DEVELOPMENT,
M.S. BUILDING, VIDHANA SOUDHA,
BENGALURU.
2. THE COMMISSIONER,
BALLARI CITY MUNICIPAL CORPORATION,
BALLARI.
YASHAVANT
NARAYANKAR 3. THE DEPUTY COMMISSIONER,
DC COMPOUND, BALLARI,
Digitally
signed by DIST: BALLARI.
YASHAVANT
NARAYANKAR ...RESPONDENTS
(BY SRI. ASHOK KATTEMANI, AGA FOR R1 & R3
SRI. C.V. ANGADI, ADV. FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO TAKE
ACTION AS PER REPRESENTATION DATED:25.03.2017 AND STOP
ESTABLISHMENT OF FISH MARKET AT NALLACHERUVU, BELLARY
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NC: 2024:KHC-D:2461
WP No. 106343 of 2017
OPPOSITE PETITIONER EDUCATION INSTITUTION VIDE ANNEXURE-J
AND K.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following reliefs:
I. Issue a writ in the nature of Mandamus directing the Respondents to take action as per representation dated:25.03.2017 and stop establishment of Fish Market at Nalla Cheruvu, Bellary opposite petitioner Education Institution vide Annexure-J and K. II. Issue such other Orders or direction as this Hon'ble Court deems fit and just under the circumstances of the case, in the interest of justice and equity.
2. For a similar relief, public interest litigation in W.P.No.20760/2017 had been filed, which came to be disposed by order dated 17.04.2021 in the following terms:
(i) We hold that there is no illegality in the project of construction of the fish market which is the subject matter of this petition;
(ii) We direct the Deputy Commissioner, Ballari (respondent No.2) and the Ballari City Corporation to ensure that parking -3- NC: 2024:KHC-D:2461 WP No. 106343 of 2017 space as earmarked in the sketch annexed to the compliance report of the Deputy Commissioner dated 16th February, 2021 is made available exclusively for the fish market;
(iii) The Deputy Commissioner (2nd respondent) and the City Corporation, Ballari shall ensure that an Effluent Treatment Plant is constructed for dealing with fish washing water as well as other waste of the fish market and the said plant shall be fully commissioned simultaneously with the commencement of the functioning of the market;
(iv) The City Corporation of Ballari city shall ensure that the fish washing water and other waste from the fish market is not allowed to flow directly into the nearby storm water drain and that the fish market shall be operated in such a manner that absolute cleanliness is maintained and no nuisance is created in the area;
(v) The State Government shall ensure that the working of the fish market does not cause any traffic congestion in the locality and therefore, after the fish market becomes operational, traffic Police shall be always deputed every day on the road near the market to avoid possibility of any traffic congestion;
(vi) If the City Corporation of Ballari has committed any breach of the terms and conditions on which the financial assistance was sanctioned by the 3rd respondent, it is always open for the 3rd respondent to take appropriate action in accordance with law;
(vii) There shall be no order as to the costs.-4-
NC: 2024:KHC-D:2461 WP No. 106343 of 2017
3. In that view of the matter, the above petition does not survive for consideration and is disposed in the above terms.
4. In view of disposal of the petition, pending interlocutory applications, if any, do not survive for consideration and are disposed of accordingly.
Sd/-
JUDGE YAN, List No.: 1 Sl No.: 64