Karnataka High Court
Ms Kavita Jain vs State Of Karnataka on 3 September, 2019
Bench: Chief Justice, Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2019
PRESENT
THE HON'BLE MR.ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ
WRIT PETITION NO.13106 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
BENGALURU-560068
... PETITIONER
(BY SHRI GAUTAM S BHARADWAJ, ADVOCATE)
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
KARNATAKA-590016
3. THE DEPUTY COMMISSIONER
NEAR RANI CHENNAMMA CIRCLE
COURT COMPOUND, BELGAVI-590002
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4. THE DEPUTY DIRECTOR
DIRECTORATE OF INDUSTRIES & COMMERCE
DISTRICT INDUSTRIES CENTRE
UDYAMBAGH, BELGAVI-590008
5. ASSISTANT DIRECTOR OF FACTORIES
DIRECTORATE OF FACTORIES BOILERS
INDUSTRIAL SAFETY & HEALTH
BASAVANAGAR RD, KALLEHOL CAMP
BELAGAVI-590019
6. SENIOR ENVIRONMENTAL OFFICER
KARNATAKA STATE POLLUTION CONTROL BOARD
DIVISIONAL OFFICE / ZONAL OFFICE
PLOT #4, LAKAMANAHALLI PB ROAD
KIADB INDL AREA, DHARWAD-580004
7. DESIGNATED FOOD SAFETY OFFICER
FOOD SAFETY & STANDARDS AUTHORITY OF INDIA
VACCINE INSTITUTE TILAKWADI
BELGAUM DISTRICT-590006
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-110016, INDIA
9. THE COMMISSIONER OF POLICE
OLD PB RD, SUBHASH NAGAR
BELAGAVI-590002
10. THE STATION HOUSE OFFICER
MALAMARUTI POLICE STATION
BELAGAVI-590016
11. THE DEVELOPMENT OFFICER
THE KARNATAKA INDUSRIAL AREAS
DEVELOPMENT BOARD
PLOT #7/B, BK KANGRALI INDUSTRIAL AREA
BELAGAVI-590010
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12. THE PROPRIETOR
CHARRIS AGRO & COLD STORAGE
PLOT #1313, SY NO.635/1
KANABARGI INDUSTRIAL AREA
BELAGAVI-590016
13. THE PROPRIETOR
SEVEN STAR GROUP
PLOT #1138, AUTONAGAR
KANABARGI INDUSTRIAL AREA
BELAGAVI-590016
14. THE PROPRIETOR
BARAFWALA FOODS
PLOT #1325
KIADB, KANABARGI INDUSTRIAL AREA
BELAGAVI-590016
15. THE PROPRIETOR
BARAFWALA COLD STORAGE &
AGRO PROCESSORS
PLOT #1322, KIADB
KANABARGI INDUSTRIAL AREA
BELAGAVI-590016
... RESPONDENTS
(SHRI D. NAGARAJ, ADVOCATE FOR R6,
SHRI H. JAYAKARA SHETTY, ADVOCATE FOR R8,
SHRI K.B. MONESH KUMAR, ADVOCATE FOR R14 & R15 AND
SMT. VIJETHA R. NAIK, ADVOCATE FOR R13)
---
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE LICENSE ISSUED BY R-5 AT ANNEX-E DATED 29.6.2006
LICENSE NO.MY/BGM 2471, ANNEX-F DATED 11.1.2006
LICENSE NO.MY/BGM 2503, ANNEX-G DATED 8.12.2010
LICENSE NO. MY/BGM 2887 AND ANNEX-H DATED 26.10.2015
LICENSE NO.MY / BGM 2894 RESPECTIVELY AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
Today, a memo is filed by the sixth respondent for bringing on record the orders of closure as against the thirteenth to fifteenth respondents. The memo also brings on record the order dated 19th July 2018 by which the order of closure of the twelfth respondent has been recalled and revoked.
2. The learned counsel appearing for the petitioner submits that the order of revocation of the order of closure dated 19th July 2018 passed in favour of twelfth respondent was not disclosed to this Court in W.P.No.13105/2018.
3. If at all the petitioner is aggrieved by the order dated 19th July 2018 and if at all he has a locus to challenge the said order, he can always file appropriate proceedings in accordance with law. The learned counsel appearing for the thirteenth to fifteenth respondents submits that only on the ground that a public interest litigation is filed, the orders of closure have been arbitrarily passed against the thirteenth to fifteenth respondents. However, all this can be gone into in the proceedings which may be filed by the said respondents for challenging the orders of closure.
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4. As regards the prayer regarding seizure of cattle meat, no relief can be granted in this petition as the seizure is during the course of investigation.
5. Hence, we dispose of the petition. It will open for the thirteenth to fifteenth respondents to challenge the orders of closure in accordance with law. Subject to what is observed above, it will be open for the petitioner to challenge the order dated 19th July 2018 as regards the twelfth respondent.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE AHB