Karnataka High Court
Karnataka State Plastic Association vs The State Of Karnataka on 29 March, 2016
Bench: Chief Justice, Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
Dated this the 29th day of March, 2016
:PRESENT:
THE HON'BLE MR. SUBHRO KAMAL MUKHERJEE,
CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE RAVI MALIMATH
Writ Petition Nos.14691-14824 of 2016 (GM-POL)
BETWEEN:
1. KARNATAKA STATE PLASTIC ASSOCIATION
A REGISTERED SOCIETY REGISTERED
UNDER THE PROVISIONS OF THE
KARNATAKA SOCIETIES REGISTRATION ACT, 1960
AND HAVING ITS REGISTERED
OFFICE AT:NO.F.F.5,
GARMENT COMPLEX,
RAJAJINAGAR INDUSTRIAL ESTATE,
BANGALORE-560010.
REPRESENTED BY ITS PRESIDENT
MR.V.VIJAY KUMAR.
2. ASHIRWAD POLYMERS
NO.20, 14TH CROSS,
BHYRAWESHAWARA INDL ESTATE,
ANDRAHALLI MAIN ROAD,
PEENYA IIND STAGE,
BANGALORE-560091
REPRESENTED BY ITS
PROPRIETOR MR.DARSHAN A.
3. SUPER POLYBACK
NO.63/5, 14TH CROSS,
BHYRAWESHAWARA INDL ESTATE,
ANDRAHALLI MAIN ROAD,
PEENYA IIND STAGE,
BANGALORE-560091
2
REPRESENTED BY ITS
PROPRIETOR MR.K SUMITHRA
4. DHARSHANA POLYMERS
NO.281, 1ST B CROSS,
KASTURI LAYOUT,
RAJAGOPAL NAGAR,
PEENYA 2ND STAGE,
BANGALORE-58,
REPRESENTED BY ITS
PROPRIETOR MR.SOMASHEKAR.
5. VISHAL POLYMERS
B-96, 2ND CROSS,
1ST STAGE,
PEENYA INDL ESTATE,
BANGALORE-560058.
REPRESENTED BY ITS
PARTNER MR.NARENDRA JAIN.
6. CHETAN ENTERPRISES
NO.7 & 8, ANDHRA HALLI MAIN ROAD,
VISHWA NEEDAM POST,
HEGGANAHALLI,
BANGALORE-560 091.
REPRESNETED BY ITS
PROPRIETOR MR.SHIVANANJAPPA.
7. SS POLYMERS
NO.47/1, 11TH A CROSS
BALAJINAGAR,
TIGALARAPALYA MAIN ROAD,
PEENYA 2ND STAGE,
BANGALORE-560058.
REPRESENTED BY ITS
PROPRIETOR MR.SIDDAPPA.
8. GAURAV POLYPAC
BEHIND MANJUSHRI GARMENTS,
TIGALARAPALYA MAIN ROAD,
PEENYA 2ND STAGE,
BANGALORE-560058.
REPRESENTED BY ITS
PROPRIETOR MR.GAURAV AJMEERA.
3
9. SHREE VINAYAKA INDUSTRIES
NO.51, 11TH CROSS,
BALAJI NAGAR, PEENYA 2ND STAGE,
BANGALORE-560058.
REPRESENTED BY ITS PROPRIETOR
MR.B.R.NAGARAJU.
10. SMSV POLYMERS
580, 3RD CROSS, KALIKANAGAR,
ANDRAHALLI MAIN ROAD,
VISHWANEEDAM POST,
BANGALORE-5460091.
REPRESENTED BY ITS
PROPRIETOR. MR.PRAKASH B.
11. MAHADEV INDUSTRIES
NO.116, SY. NO.24/2 & 27,
15TH CROSS, BYRAVESHWARA INDL. AREA,
ANDRAHALLI, PEENYA 2ND STAGE,
BANGALORE-560 091.
REPRESENTED BY ITS PROPRIETOR
MR. JAVERA RAM CHOUDHARI.
12. ARIHANT ENTERPRISES
NO.249, 2ND CROSS,
SIR M.V. ROAD, BOMMANAHALLI,
BANGALORE-560 068.
REPRESENTED BY ITS PARTNER,
MR. AKASH KUMAR PATNI
13. SRI. LAKSHMIDEVI ENTERPRISES
NO.27, MARUTHINAGAR,
7TH "A" MAIN, HEGGANAHALLI,
ANDRAHALLI MAIN ROAD,
BANGALORE-560 091,
REPRESENTED BY ITS PROPRIETOR
MS. LAKSHMIDEVI. L.
14. ANNAPURNA POLYPACKS
48/1, SITE 81, 3RD MAIN ROAD,
KEONICS LAYOUT,
THIGALARAPALYA MAIN ROAD,
PEENYA 2ND STAGE,
BANGALORE-560 058.
REPRESENTED BY ITS PROPRIETOR
MR. J.V. NARASIMHA RAO.
4
15. JAGANATH POLYMERS
NO.208, 1ST B CROSS,
1ST MAIN ROAD,
HEGANNAHALLI,
BANGALORE-560 091,
REPRESENTED BY ITS PROPRIETOR
MR. PRABHAKARA PANDA.
16. RAHUL EXTRUSION
NO.13 & 14, 14TH MAIN,
BHYARAWESHWARA INDL ESTATE,
ANDHRAHALLI MAIN ROAD,
BANGALORE-560 091,
REPRESENTED BY ITS PROPRIETOR
MR. VIDHYAVATHI YADAV.
17. SRI. SAI POLYPACK
NO. 177, 1ST CROSS, 1ST MAIN,
BHYRAWESHWARA LAYOUT,
ANDHRAHALLI MAIN ROAD,
BANGALORE-560 091,
REPRESENTED BY ITS PROPRIETOR
MR. LAL CHAND YADAV.
18. ANAND POLYPACK
NO.3, SLV INDL ESTATE,
ANDRAHALLI MAIN ROAD,
BANGALORE-560 091,
REPRESENTED BY ITS
PROPRIETOR MR. MISHRILAL.
19. PLASTO MANUFACTURING COMPANY
SURVEY NO.107/2,
KUMBALGUD INDL. AREA,
BANGALORE-74,
REPRESENTED BY ITS
PARTNER MR. MOHD. ASHFAQ
20. RELIANCE POLYPACK
NO.42/2, VISHWANTH INDL. ESTATE,
KUMBALGUD, BANGALORE-74.
REPRESENTED BY ITS
PARTNER MR. MOHD. ASHFAQ.
5
21. PLASTRUSIONS
B 87, INDL ESTATE
RAJAJINAGAR
BANGALORE-560 010
REPRESENTED BY ITS PARTNER
MR S N ASHOK KUMAR.
22. RAINBOW POLYMERS
NO.100, A LAYOUT
BANNIMANTAP INDL AREA
MYSORE-570015
REPRESENTED BY ITS PROPRIETOR
MR. RAIZ AHMED
23. MANAV INDUSTRIES
NO.57, INDL. AREA
BANNIMANTAP
MYSORE-570021
REPRESENTED BY ITS
PROPRIETOR MR. MOHIT A JAIN
24. SHIVA POLYPACK
273/1, MARISHETTY LAYOUT
BELAVADI, MYSORE-570018
REPRESENTED BY ITS PROPRIETOR
MR. MAHADEVAPPA L.
25. UNIVERSAL PRODUCTS
B-144, HEBBAL INDL AREA
METAGALLI, MYSORE-570 016
REPRESENTED BY ITS PARTNER
MR. SUNIL KUMAR
26. LAKSHMI ENTERPRISES
NO.156, K T STREET
LASHKAR MOHALLA
MYSORE-570 001
REPRESENTED BY ITS PROPRIETOR
MR. LAKSHMICHAND G HEMDEV
27. MASSON POLYMERS
NO.6/1, BANNIMANTAP INDL AREA
MYSORE-570015
REPRESENTED BY ITS
PROPRIETOR MOHD. RAFEEQ
6
28. THAJ INDUSTRIES
NO.57-C, KRS ROAD
BELAGOLA INDL. AREA
MYSORE-570016
REPRESENTED BY ITS PROPRIETOR
MR. AMANULLA
29. RAINBOW POLYPRINT INDUSTRIES
C-55 YADAVGIRI INDL. AREA
MYSORE-570020
REPRESENTED BY ITS
MANAGING PARTNER
MR. MOHD. RAFIQ
30. SLV INDUSTRIES
NO.3842/4B, C V ROAD
2ND CROSS, BANNIMANTAP
MYSORE-570 015
REPRESENTED BY ITS PARTNER
MR. SRINIVAS S G
31. SLV ENTERPRISES
NO.3842/4B, C V ROAD
2ND CROSS, BANNIMANTAP
MYSORE-570 015
REPRESENTED BY ITS
PROPRIETOR SMT. SHARADAMMA
32. SLVV PACKAGING
NO.410/413-18, HEBBAL INDL AREA
MYSORE-570018
REPRESENTED BY ITS PROPRIETOR
MS.SUNITHA
33. SK AGARPACKS
C-98/2, YADAVAGIRI INDL AREA,
MYSORE-570 020
REPRESENTED BY ITS PROPRIETOR
MR.SUNITHA BAGARIA
34. PRIYANKA TWINE & ROPES
B-255, INDUSTRIAL ESTATES,
2ND STAGE, PEENYA,
BANGALORE-560 058
REPRESENTED BY ITS
PARTNER MR.SONU AGARWAL
7
35. SAMEEKSHA POLYPLAST
B-255, INDUSTRIAL ESTATES,
2ND STAGE, PEENYA,
BANGALORE-560 058
REPRESENTED BY ITS
PROPRIETOR
MS.HARIHOM CHOUDHARY
36. SNEHA TRADERS
B-255, INDUSTRIAL ESTATES,
2ND STAGE, PEENYA,
BANGALORE-560 058
REPRESENTED BY ITS
PROPRIETOR MS.SNEHA CHOUDHARY.
37. METHI PRINT & PAC
NO.57, 15TH CROSS,
BYRAVESHWARA INDL. ESTATE,
ANDRAHALLI MAIN ROAD,
BANGALORE-560 091
REPRESENTED BY ITS PROPRIETOR
MS.DHANALAKSHMI
38. SHREE POLYPACK
C-29 2ND STAGE,
PEENYA INDL. ESTATE,
BANGALORE-560058
REPRESENTED BY ITS
PARTNER MR.N.K.THOPAIAH
39. SRI VINAYAKA POLYMER
NO.22, 17TH CROSS
VINAYAKANAGAR
ANDRAHALLI MAIN ROAD
BANGALORE-560 091
REPRESENTED BY ITS
PROPRIETOR MR.K.SURENDRA BABU
40. S.K.INDUSTRIES
NO.38, JAKKASANDRA VILLAGE
KASABA HOBLI,
NELAMANGALA TALUK
BANGALORE-562 123
REPRESENTED BY ITS
PROPRIETOR SRI.K.SATYAN
8
41. DEEPAK POLYFLEX
NO.7, KARIHOBANAHALLY
PEENYA 2ND STAGE,
BANGALORE-560058
REPRESENTED BY ITS
PROPRIETOR MR.BUDHARAM
42. SBM POLYMERS
NO.12, KIONICS LAYOUT
PEENYA 4TH PHASE,
BANGALORE-560 058
REPRESENTED BY ITS PROPRIETOR
MRS. LATHA
43. S.M.ENTERPRISES
NO.49, 4TH CROSS,
DODDANNA INDUL. ESTATE ROAD
HEGGANAHALLI
BANGALORE-560 091
REPRESENTED BY ITS
PROPRIETOR SURENDRA BABU.B.M.
44. PARVATHI PLASTICS
NO.57, SRIGANDHA KAVAL,
HEGGANAHALLI,
BANGALORE-560 091
REPRESENTED BY ITS
PROPRIETOR MR.VAGARAM CHOWDHARY
45. MAHADEV PACKAGING
NO.80, KAREEMSAAB LAYOUT
HEGGANAHALLI
BANGALORE-560 091
REPRESENTED BY ITS
PROPRIETOR SAVLARAM
46. B.N.POLYMERS
NO.23 & 24, 7TH MAIN
PATEL CHANNAPPA INDUSTRIAL AREA
HEGGANAHALLI
BANGALORE-560 091
REPRESENTED BY ITS PROPRIETOR
MR.T.V.SUBRAMANYAM
9
47. SUSHMITHA POLYMERS
NO.220, 1ST CROSS, 5TH ROAD
ANDRAHALLI MAIN ROAD
BANGALORE-560 091
REPRESENTED BY ITS
PROPRIETOR
MR.SANTOSH PRASAD GUPTA
48. CASMOPLAST
NO.3 & 4, 11TH CROSS
THIGALARPALYA MAIN ROAD
BANGALORE-58
REPRESENTED BY ITS
MANAGING PARTNER
MR.MOHD. WASEEM
49. SRI VIGNESHWARA ENTERPRISES
NO.32 & 33, KARIVOBANAHALLI
PEENYA 2ND STAGE,
BANGALORE -560 091
REPRESENTED BY ITS
PROPRIETOR MR.RAMU YADAV
50. S.J.A.PLASTICS
NEAR OM SHAKTHI TEMPLE
SANJEEVINI NAGAR,
BANGALORE-91
REPRESENTED BY ITS
PROPRIETOR
MR.ANIL KUMAR TIWARI
51. SHIVA POLYPACK
NO.22, 11TH CROSS,
ANDRAHALLI MAIN ROAD
BANGALORE-91
REPRESENTED BY ITS PROPRIETOR
MR.S.ASWATHNARAYANA RAO
52. AMAN POLYPACKS, NO.24/1,
ANDRAHALLIMAIN ROAD
BANGALORE-61
REPRESENTED BY ITS PROPRIETOR SHYLENDRA
KUMAR
10
53. RAJARAM INDUSTRIES
SY NO.125, SHED NO.91
MACHOHALLI VILLAGE
BANGALORE-61
REPRESENTED BY ITS PROPRIETOR MR.TAMBARAM
PATEL
54. SREE KALLESWARA POLYPACK
NO.20, BALAJINAGAR
THIGALARA PALYA MAIN ROAD
BANGALORE-58
REPRESENTED BY ITS PROPRIETOR MRS. REKHA
55. SREE GANGA INDUSTRIES
NO.43, 10TH CROSS
DODDANNA INDL. ESTATE
BANGALORE-91
REPRESENTED BY ITS PROPRIETOR
MR.DORABABU.E
56. VANDANA ENTERPRISES
NO.56, 4TH B CROSS
HEGGANAHALLI
NEAR DODDANNA INDL.ESTATE,
BANGALORE-91
REPRESENTED BY ITS PROPRIETOR MRS.SUSHEELA
57. NATRAJ POLYPACKI
NEW NO.154 (116/5)
4TH CROSS, HEGGANAHALLI.,
BANGALORE-91
REPRESENTED BY ITS PROPRIETOR MR.N.RAMAIAH
58. V.K.ENTERPRISES
NO.657. 4TH B CROSS,
NEAR DODDANNA INDL. ESTATE
BANGALORE-91
REPRESENTED BY ITS PROPRIETOR MR.VASANTH
KUMAR .B.G.
59. VAIBHAV ENTERPRISES
NO.269, HEGGANAHALLI BUS STOP,
BANGALORE-91
REPRESENTED BY ITS PROPRIETOR
MR.RAJESH KUMAR DUBE
11
60. PAWAN ENTERPRISES
NO.112/55, 10TH CROSS,
DODDANNA INDL. ESTATE
BANGALORE-91
REPRESENTED BY ITS PROPRIETOR MR.K.P.MEHTA
61. ARJUN INDUSTRIES
73/3, 1ST MAIN, NEW THARAGPET,
BANGALORE-560002,
REPRESENTED BY ITS PROPRIETOR
MR.M.A. CHANDRAMOHAN
62. K K POLYTRANS PVT. LTD.,
NO.2B,
SHAKTHI INDUSTRIAL ESTATE,
YELACHENAHALLI,
BANGALORE-560 078,
REPRESENTED BY ITS
MANAGING DIRECTOR
MR K.K. AHEMADKHAN
63. K K POLYFLEX PVT. LTD
NO.21-7/A,
SHAKTHI INDUSTRIAL ESTATE,
YELACHENAHALLI, BANGALORE-560 078
REPRESENTED BY ITS MANAGING DIRECTOR
MR K.K. AHEMADKHAN
64. NANDI POLYPACK
NO.30, ANDRAHALLI 2ND STAGE,
PEENYA, BANGALORE-91,
REPRESENTED BY ITS
PROPRIETOR BABU J .C.
65. MAHALAKSHMI PLASTICS
NO.21, BYRAVESHWARA INDL. ESTATE,
ANDRAHALLI BANGALORE-91,
REPRESENTED BY ITS PROPRIETOR MR.
RAGHAVENDRA RAO
66. ANUGRAHA PACKLINES
NO.111, 6TH CROSS,
HEGGANAHALLI MAIN ROAD,
BANGALORE-91,
REPRESENTED BY ITS PROPRIETOR
MR SHIVAPRASAD
12
67. SRI RAJPUNEETH POLYPACK
NO.22, 16TH CROSS,
BYRAVESHWARA INDL. ESTATE,
BANGALORE-91,
REPRESENTED BY ITS
PROPRIETOR MR VIDYA YADAV.
68. BNI INDUSTRIES
C-69A, 2ND A CROSS
PEENYA 2ND STAGE,
BANGALORE-58,
REPRESENTED BY ITS PROPRIETOR
MR ARJUN KUMAR.
69. UNITED POLYPACK
NO.251/A, 6TH MAIN,
PEENYA INDUSTRIAL AREA,
BANGALORE-58
REPRESENTED BY ITS PARTNER
MR.ASWATHNARAYANA RAO
70. PLASTOBAG SALES CORPORATION
NO.258, OLD THARAGUPET,
BANGALORE-560053
REPRESENTED BY ITS PARTNER
MR RIYAZ AHMED
71. PLASTOBAG INDUSTRIES
NO.7, PARAMESHWARA MARKET,
MAMULPET, BANGALORE-53
REP BY ITS PROPRIETOR
MR. MOHD. ASHFAQ
72. PADMASHREE MARKETING
SHOP NO.13/14/15,
1ST FLOOR, NO.41 TO 44,
GUNDOPANTH STREET,
BANGALORE-02, REP BY ITS PROPRIETOR
MRS. JASHODA DEVI
73. RAMDEV PLASTICS
NO.31, CHURCH ROAD,
MARAPPA GARDEN, J.C. ROAD, BANGALORE-06
REP BY ITS PROPRIETOR
MR. CHATARA RAM
13
74. RAMDEV PLASTICS
NO.100/63, HOSUR MAIN ROAD,
MADIVALA, BANGALORE-68
REPRESENTED BY ITS PROPRIETOR
MR. HADAMATARAM
75. PADMAVATHI POLYPACK
NO.468, 26TH MAIN,
9TH BLOCK, JAYANAGAR
BANGALORE-69
REPRESENTED BY ITS PROPRIETOR
MR.MANARAM
76. MAHAVEER PLASTICS
SHOP NO.91/1, HOODI CIRCLE, MAHADEVAPURA,
BANGALORE-48
REPRESENTED BY ITS PROPRIETOR
MRS. REKHADEVI
77. RAMASHEVAR PACKAGING
2/1, 6TH CROSS, SULTHANPET,
BANGALORE-52
REPRESENTED BY ITS PROPRIETOR
SUJA RAM
78. J. K. PLASTICS
NO.4, V.P. ROAD, MADIVALA
BANGALORE-68
REP BY ITS PROPRIETOR
MR. NIRMALA JAIN
79. RAJENDRA POLYPACK
NO.103, KAVERI ARCADE,
M.S. LANE, MANAVARTHIPET,
BANGALORE-53
REPRESENTED BY ITS PROPRIETOR
MR.NIRMALA JAIN
80. SRIVARU PLASTICS
SHOP NO.5, MMT COMPLEX,
PATNOOLPET, BANGALORE-53
REPRESENTED BY ITS PROPRIETOR,
MR.PUSHPALATHA
14
81. PADMAVATHI PLASTICS
SHOP NO.2/NO.4, RUDRA BUILDING, MAMULPET,
BANGALORE-560053
REPRESENTED BY ITS
PROPRIETOR/MANAGER
MR. DILIP KUMAR JAIN
82. SUPREME PLASTICS
NO.134, OLD MARKET,
BANGALORE-560001
RERPESENTED BY ITS
PROPRIETOR MR. ILIAZ
83. SRI. BALAJI TRADERS
NO.45, 2ND MAIN,
NEW THARAGUPET,
BANGALORE-560002
REPRESENTED BY ITS PARTNER
MR. S SANTOSH
84. SADGURU ENTERPRISES
NO.01, BEHIND NK INDL AREA
HEROHALLI,
BANGALORE-560091
REPRESENTED BY ITS PROPRIETOR
MR. BHOMA RAM
85. RAJALAKSHMI MARKETING
NO.54/3, MUTHA TOWER,
OLD THARGUPET,
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR. G. PRAKASH
86. TAJ ENTERPRISES
NO.8, TM STREET, OPH ROAD CROSS,
BANGALORE-560051
REPRESENTED BY ITS PROPRIETOR
MR. AZAMATHULLA KHAN
87. MATAJI PLASTICS
NO.23, SHOP NO.2, GROUND FLOOR
RAMASWAMY PALYA, KAMMANAHALLI MAIN ROAD,
BANGALORE-560033
REPRESENTED BY ITS PROPRIETOR
MR. ACHALA RAM
15
88. SRI. BHAGYALAXMI PLASTICS
NO.47, THOPPA MUDALIAR STREET
SHIVAJINAGAR, BANGALORE-560051
REPRESENTED BY ITS PARTNER
MR. PRAVEEN KUMAR
89. PAVAN PLASTICS
48, JOGUPALYA, MAIN ROAD,
HALSURU, BANGALORE-56008
REPRESENTED BY ITS PROPRIETOR
MR. SOPARAM
90. BAJARANG TRADING COMAPANY
24, KV TEMPLE STREET,
SULTANPET
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR. MAMTA KUWAR
91. RAMDEV MARKETING
10, SHOP NO.3, SN TOWERS
MADARSAB LANE
BANGALORE-560003
REPRESENTED BY ITS PROPRIETOR
MR JOMTRAM
92. RAJGURU PLASTIC
39/2, SREE MANSION
SC ROAD, BAZAR STREET
BANGALORE-560022
REPRESENTED BY ITS PROPRIETOR
MR BHONARAM
93. ARIHANT MADHUKAR
NO.473(OLD NO.177)
AVENUE ROAD
BANGALORE-560002
REPRESENTED BY ITS PROPRIETOR
MR RAJENDRA KUMAR
94. RAKESH PLASTICS
NO.83, MAMULPET
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR GOUTHAM CHAND JAIN
16
95. BALAJI PLASTIC
NO.1, GROUND FLOOR
SITE NO.160, KATHA NO.639
KUMBAR STREET, KR PURAM
BANGALORE-560036
REPRESENTED BY PROPRIETOR
MR MANJILAL DEVASI
96. RAJENDRA PAPER
NO.21/22, 2ND FLOOR
MEENAKSHI TOWERS
AS CHAT STREET
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR RAJU JAIN
97. SIDDHARTH MARKETING
NO.33(OLD NO.313)
OLD THARAGUPET
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR. ABHAYACHAND JAIN
98. PREMIER PACKAGING
NO.337 14 GROUND AND CELLAR FLOOR
10TH MAIN, 2ND BLOCK
BSK IST STAGE, HANUMANTH NAGAR
BANGALORE-560050
REPRESENTED BY ITS PROPREITOR
MR MEHR RAM
99. HIRA ENTERPRISES
NO.207, A S CHAR STREET
NEXT TO BANESHWARA TEMPLE
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR RAKESH KUMAR
100. MATAJI PLASTIC
NO.132, BOMMANAHALLI
BEGUR MAIN ROAD
BANGALORE-560068
REPRESENTED BY ITS PROPRIETOR
MR NAGARAM
17
101. PLASTIC PLACES
NO.53, A.S.CHAR STREET,
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR.DILIP JAIN
102. SAGAR POLYMERS
NO.1, VISHWAGANDHI COMPLEX,
OLD THARAGUPET CROSS,
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR.B.U.MADU
103. POOJA PLASTICS
NO.6, SHOP NO.1
22ND MAIN, BSK 1ST STAGE,
2ND BLOCK, BANGALORE-560 050
REPRESENTED BY ITS PROPRIETOR
MR.JESARAM DEVASI
104. CHAMUNDA TRADING
NO.2/1, KSV MANSION,
2ND FLOOR, SETHU RAO ROAD CROSS,
BANGALORE-560002
REPRESENTED BY ITS PROPRIETOR
MR.DUDARAM
105. RAMDEV PLASTIC
NO.18, 5TH MAIN ROAD,
OPP VIJAYA BANK, GANGANAGAR,
BANGALORE-560 032
REPRESENTED BY ITS PROPRIETOR
MR.MANGALARAM
106. MAYA PLASTIC AND CO.
NO.37/1, SAMDARIYA BUILDING,
KANAKAPURA ROAD,
NEAR YEDYUR LAKE,
BASAVANAGUDI,
BANGALORE-560004
REPRESENTED BY ITS PROPRIETOR
MR.GANPAT LAL
18
107. JOY PLASTIC
NO.6/1, G.S.MARKET,
OLD THERAGUPET,
BANDI MUTT, BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR.ROOPESH A SHAH
108. SUPREME PLASTICS
NO.44, GROUND FLOOR AND MEZANNINE,
MANAGER RANA RAO LANE,
ARCOT, SRINIVASACHAR STREET,
SKR MARKET, BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR.NYAMATHULLA
109. VEE PEE TRADING
NO.193, 1ST MAIN ROAD,
SESHADRIPURAM,
BANGALORE-560020
REPRESENTED BY ITS PROPRIETOR
MS.NAJEEMA V
110. PARMAR PLASTICS
NO.49/2, SHOP NO.7
INDUSTRIAL SUBURB, APMC YARD,
YESHWANTHPUR, BANGALORE-560 022
REPRESENTED BY ITS PROPRIETOR
MS.MANJU DEVI
111. SREE SOUBHAGYA PLASTICS
SHOP NO.10, MJ MARKET NO.8
GUNDOPANTH STREET,
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
M R BABULAL
112. MAHAVEER PACKAGING
NO.34, SETHU RAO STREET,
SKR MARKET, BANGALORE-560002
REPRESENTED BY ITS PROPRIETOR
MR GANESH RAM
113. RAGHAVENDRA PLASTICS
NO.83/6, BANDI MODU,
OLD THARAGUPET CROSS,
BANGALORE-560053
19
REPRESENTED BY ITS PROPRIETOR
MS SORAM DEVI
114. RAJARAM PLASTICS
NO.G-4, PREM KIRAN PLAZA
5TH MAIN ROAD, GANGANAGAR,
BANGALORE-560032
REPRESENTED BY ITS PROPRIETOR
MR BHAWAR RAM
115. DIAMOND POLYPACK
SHOP NO.12, PARTHASARATHI MARKET,
AKKIPET MAIN ROAD
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR BHOOPESH
116. CHARBHUJA PLASTICS
NO.20, GUNDOPATH STREET,
SKR MARKET,
BANGALORE-560002
REPRESENTED BY ITS PROPRIETOR
MS HAVALI DEVI
117. SHRI LAKSHMI MARKETING
NO.25, GUNDOPATH STREET,
KR MARKET,
BANGALORE 560002
REPRESENTED BY ITS PROPRIETOR
MR GANESH RAO
118. LAKSHMI PLASTICS
NO.83/7, OLD THARAGUPET CROSS,
BANGALORE-560053
REPRESENTED BY ITS PROPRIETOR
MR DARASHAL
119. P J PLASTICS
NO.7, VISHWAGANDHI COMPLEX,
OLD THARAGUPET CROSS,
GUNDOPATH STREET,
BANGALORE
REPRESENTED BY ITS PROPRIETOR
MR SYED RASHEED ILYAS
20
120. BISMILLA PLASTICS
NO.37, SETHU RAO STREET,
SKR MARKET, BANGALORE - 560 002
REPRESENTED BY ITS PROPRIETOR
MR P HAYATH
121. JAIRAJ INDUSTRIES
NO.65, 1ST FLOOR,
SLN MARKET, PETNOOLPET,
ODL THARAGUPET CROSS,
BANGALORE-53
REPRESENTED BY ITS PROPRIETOR
MR. SURAJMAL
122. SRI .BALAJI PLASTICS
NO.32/181, R.K. COMPLEX,
2ND FLOOR, AS CHAR STREET,
BANGALORE-53
REPRESENTED BY ITS PROPRIETOR
MR. RAM SINGH RAJ PUROHIT
123. PRAGANI POLY PACK
NO.263/264, SHOP NO.9,
RAJGURUPLAZA, GROUND FLOOR,
OLD THARAGUPET, BANGALORE-53
REPRESENTED BY ITS PROPRIETOR
MR. MANOHAR MAL JAIN
124. RAJA RAM PLASTICS
NO.2, OLD THARAGUPET CROSS,
BANDIMODU, BANGALORE-53
REPRESENTED BY ITS PROPRIETOR
MR. SAKARAM
125. MAHESHWARA POLY PACK
NO.17, GUNDOPANTH STREET,
K.R. MARKET, BANGALORE-02
REPRESENTED BY ITS PROPRIETOR
MR. NARINGARAM
126. MAYUR PACKAGING
NO.10, SAPTHAGIRI COMPLEX,
GP STREET, BANGALORE-02
REPRESENTED BY ITS PROPRIETOR
MR.HEMARAM
21
127. MAHARAJA POLY PACK
NO.14, GROUND FLOOR,
KARUNA COMPLEX,
GUNDOPANTH STREET,
BANGALORE-02
REPRESENTED BY ITS PROPRIETOR
MR.SURESH KUMAR
128. SRINATH MARKETING
NO.36A/37A, SANGAM COMPLEX,
1ST FLOOR, SETHU RAO ROAD,
SKR MARKET, BANGALORE-02
REPRESENTED BY ITS PROPRIETOR
MR.PREMA RAM.
129. SRI. VINAYAKA PLASTICS
NO.201/181, BAZZAR ROAD, YELAHANKA,
BANGALORE-64
REPRESENTED BY ITS PROPRIETOR
MR. SANJAYKUMAR.
130. SRI. MAHALAKSHMI PLASTICS
NO.139/2, 2ND MAIN ROAD,
3RD BLOCK,TYAGARAJANAGAR,
BANGALORE-28
REPRESENTED BY ITS PROPRIETOR
GANESH RAM.
131. SANTOSH POLYPACK
NO. 288, OLD TARAGUPET,
BANGALORE - 560 053
REPRESENTED BY ITS
PROPRIETOR VALARAM.
132. SRI. LAKSHMI ENTERPRISES
NO.1, MUTHYALAMMA KOYIL STREET,
SEPPING ROAD CROSS,
BANGALORE - 1
REPRESENTED BY ITS PROPRIETOR
HARIHARAN.
133. CHANDRA PLASTICS
NO. 869, SHOP NO.4,
2ND STAGE, SECTOR-B,
YELAHANKA NEW TOWN,
BANGALORE - 560 064
22
REPRESENTED BY ITS PROPRIETOR
KUYYARAM.
134. MAA AMBE PLASTICS
B.B.ROAD, YELAHANKA,
BANGALORE - 64
REPRESENTED BY ITS PROPRIETOR
SAVALARAM.
... PETITIONERS
(By SRI. UDAY HOLLA, SR. ADVOCATE APPEARING
A/W SRI.S.CHANDRASHEKAR, ADVOCATE
FOR M/S. HOLLA AND HOLLA, ADVOCATES)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF FOREST
ENVIRONMENT AND ECOLOGY
VIDHANA SOUDHA
DR.AMBEDKAR VEEDHI
BENGALURU-560001.
... RESPONDENT
(By SRI.MADHUSUDHAN.R.NAIK, ADVOCATE GENERAL
APPEARING A/W SRI.D. NAGARAJ AND SRI.DEVRAJ
ASHOK, AGA)
*****
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE NOTIFICATION DATED
11.03.2016 ISSUED BY THE RESPONDENT (ANNEXURE-J)
AND TO DIRECT THE RESPONDENT TO PAY COSTS OF
THIS PETITION.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE, MADE
THE FOLLOWING:
23
: ORDER :
These writ petitions are filed challenging the notification dated March 11, 2016, issued by the Government of Karnataka in exercise of the power conferred under Section 5 of the Environment (Protection) Act, 1986, (for short, 'the Act') imposing ban on manufacture, supply, sale and use of plastic carry bags, plastic banners, plastic buntings, flex, plastic flags, plastic plates, plastic cups, plastic spoons, cling films and plastic sheets used for spreading on dining table including the above items made of thermocol and plastic, which use plastic micro beads in the State.
2. Mr. Uday Holla, learned senior advocate moves the writ petitions challenging the notification dated March 11, 2016.
3. The principal contention of Mr.Holla is that there, already, exists Central Rules, that is, Plastic Waste (Management and Handling) Rules, 2011 and the Rule 4 of such Rules only prohibits manufacture and 24 circulation of plastic bags less than 50 microns. He submits that the Notification dated March 11, 2016, has been issued by the Government of Karnataka in terms of the delegation given to it under the notification dated October 2, 1998, by the Ministry of Environment and Forest, Government of India. He submits that when the Government of India has a Rule imposing ban of manufacturing and circulation of plastic items of less than 50 microns, there could not be complete ban as contemplated in the notification under challenge.
4. Mr. Holla, further, submits that the Supreme Court of India, in one matter, entertained an appeal against an order of Himachal Pradesh High Court and stayed the Rules prepared for complete ban of plastic items.
5. Mr. Madhusudhan R.Naik, learned advocate general, on the contrary, submits that these writ petitions are not maintainable as there is an alternative and efficacious remedy available under Section 5 of the Act. The remedy, if any, of the writ petitioners is before 25 the National Green Tribunal. He cites several decisions to highlight that many of the High Courts have transferred the environmental issues to the National Green Tribunal for disposal.
6. Mr.Uday Holla, in reply, submits that when constitutional issues are involved, alternative remedy cannot stand in the way of this Court to entertain a writ petition.
7. When there is alternative and efficacious remedy before the Competent Tribunal constituted under a Statute, that is, National Green Tribunal Act, 2010, it is desirable that these matters be placed before the National Green Tribunal for consideration.
8. We accept the preliminary objections of the learned advocate general and dismiss the writ petitions on the ground that there exists an alternative and efficacious remedy before the National Green Tribunal. 26
All issues are, however, kept open.
We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE *ap/-