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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF SEPTEMBER 2019

BEFORE

THE HON’BLE MR. JUSTICE ALOK ARADHE

WRIT PETITION NOS.15614-615 OF 2019 (GM-RES)

BETWEEN:

1. MR KISHORE GOWDA

SON OF VENKATESH

AGED ABOUT 29 YEARS

RESIDING AT # 72 5TH CROSS,

VITTAL NAGAR WEST

BENGALURU - 560026

2. MR NAGARAJ J

SON OF LATE JAYARAM

AGED ABOUT 45 YEARS

RESIDING AT # 72 5TH CROSS

VITTAL NAGAR WEST

BENGALURU - 560026

… PETITIONERS

(By MR.SIDDHARTH P DESAI , ADV.)

AND:

1. STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

URBAN DEVELOPMENT DEPARTMENT

M S BUILDING

BENGALURU - 560001

2. THE COMMISSIONER OF POLICE

NO 1 INFANTRY ROAD,

BENGALURU - 560001

3. BANGALORE ELECTRICITY SUPPLY COMPANY

(BESCOM), REPRESENTED BY ITS

CHIEF ENGINEER NRUPATHUNGA ROAD

OPPOSITE TO RESERVE BANK OF INDIA

BENGALURU - 560001

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4. THE HEALTH OFFICER

OFFICE OF MEDICAL OFFICER OF

HEALTH BRUHAT BENGALURU

MAHANAGARA PALIKE

CHAMARAJAPETE DIVISION

CHAMARAJAPETE

BENGALURU - 560018

5. POLLUTION CONTROL BOARD

REPRESENTED BY ITS CHAIRMAN

NO 49, PARISARA BHAVANA CHURCH STREET

M G ROAD, BENGALURU - 560001

6. OFFICE OF THE ENVIRONMENTAL

OFFICER KARNATAKA STATE POLLUTION

BOARD BENGALURU CITY- SOUTH

1ST FLOOR NISARGA BHAVAN

7TH D MAIN THIMMAIAH ROAD

SHIVAJINAGAR BENGALURU - 560079

7. OFFICE OF THE ASSISTANT

EXECUTIVE ENGINEER ELECL

(COMMERCIAL OPERATION & MAINTENANCE)

W-6, SUB DIVISION, BESCOM B R PURA

MYSORE ROAD, BENGALURU - 560026

8. OFFICE OF THE ASSISTANT EXECUTIVE

ENGINEER CHAMRAJPET SUB DIVISION

BESCOM 47 3RD CROSS, 4TH MAIN,

CHAMARAJPET BANGALORE - 560018

9. MRS R KALPANA

W/O VASANTHA KUMAR

AGED MAJOR, PROPRIETOR

OF VARSHA TEXTILES

NO 81, 4TH CROSS VITTALANAGARA

BENGALURU - 560026

… RESPONDENTS

(By MR.K DILIP KUMAR, HCGP FOR R1 & R2

MR.P PRASANNA KUMAR, ADV. FOR R3,

MR.ASHWIN S HALADY FOR R4,

MR.A MAHESH CHOWDHARY, ADV. FOR R5 & 6,

R7 & R8 SERVED)

- - -

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THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT

THE R-4 TO TAKE ACTION IN PURSUANCE TO LETTER DATED

08.02.2018 (ANNEXURE-G) AND TO TAKE APPROPRIATE ACTION

TO CLOSE DOWN THE POWER LOOM RUN BY THE R-9 IN THE

RESIDENTIAL PREMISES NO.81, 4TH CROSS, VITTALNAGARA,

BENGALURU - 560 026; AND ETC.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:-

ORDER

Mr.Siddharth P. Desai, learned counsel for the

petitioners.

Mr.K. Dilip Kumar, learned High Court Government

Pleader for the respondent Nos.1 and 2.

Mr.P.Prasanna

Kumar,

learned

counsel

for

respondent No.3.

Mr.Ashwin

S

Halady,

learned

counsel

for

respondent No.4.

Mr.A.Mahesh Chowdhary, learned counsel for

respondent Nos.5 and 6.

2. The petitions are admitted for hearing. With

consent of the learned counsel for the parties, the same

are heard finally.

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3. In these petitions, the petitioners inter alia seek

a writ of mandamus directing the respondent No.4 to

take an action in pursuance of the communication dated

08.02.2018 and to take appropriate action to close

down the power loom run by the respondent No.9 in

residential premises in Vittalnagara, Bengaluru.

4. When the matter was taken up today, learned

counsel for the petitioners submitted that the Bruhat

Bengaluru Mahanagara Palike (hereinafter referred to as

'the BBMP’ for short), on inspection, has found that the

power loom unit is being run by the BBMP as well as

Pollution Control Board and on inspection, has found

that the power loom has been run in a residential area

in an illegal manner and despite notice being issued to

respondent No.9, no further action has been taken.

Therefore, the writ petition be disposed of with a

direction to the BBMP to ensure that the respondent

No.9 does not operate the pow