The Karnataka High Court, on the day of hearings, ordered a two-week time limit to rectify office objections before dismissing the writ petition for non-prosecution.
Two weeks granted to rectify office objections; failure leads to dismissal for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF JULY, 2019
PRESENT
THE HON'BLE MR. ABHAY S. OKA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 16129/2019 (GM-RES) PIL
BETWEEN
…2
W.P. No. 16129/2019
2
...PETITIONER/S
(BY SRI. : CHANDRAKANTH R GOULAY., ADVOCATE)
AND
…RESPONDENT/S
(BY SRI./SMT : GOVERNMENT ADVOCATE SERVED)
…3
3 W.P. No. 16129/2019
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RELEVANT RECORDS. DIRECTION TO RESPONDENT TO TAKE ACTION IN CLEANING GARBAGE, PROVIDING WATER FACILITIES TO THE TOILETS, COMPLETION OF COMPOUND WALL, REGULAR REMOVAL OF STORED DRAINAGE WATER, REMOVAL OF GARBAGE, ETC., KEEPING IN MIND THE PROVISIONS OF THE KARNATAKA MUNICIPALITIES CORPORATION ACT 1976 MUNICIPAL SOLID WASTES [MANAGEMENT AND HANDLING] RULES, 2000 AS WELL AS THE PROVISIONS OF AIR [PREVENTION AND CONTROL OF POLLUTION] ACT 1981 AND NOISE POLLUTION AND CONTROL ACT ETC., DIRECT TO THE RESPONDENTS TO ENSURE COMPLIANCE OF THE ORDER OF THIS HON’BLE COURT MADE IN W.P.NO. 8252/2012 DATED: 11.10.2012 AS PER ANNEXURE-A ORDER IN CC NO. 1408/2014 DATED: 23.04.2015 AS PER ANNEXURE-C AND ALSO TO COMPLY WITH REQUIREMENTS AS ADMITTED/INDICATED VIDE LETTER DATE: 21.08.2017 VIDE ANNEXURE-D BY THE RESPONDENT NO.1 AND THE COMMUNICATION DATED: 16.10.2018 MADE BY THE RESPONDENT NO.1 VIDE ANNEXURE-G BY CONSIDERING THE REPRESENTATIONS MADE BY THE PETITIONERS 19.3.2018 AND 14.9.2018 ANNEXURE-F AND F AND TO PASS APPROPRIATE ORDERS.
THIS WRIT PETITION COMING ON FOR ORDERS ON THIS DAY
THE COURT MADE THE FOLLOWING ORDER. …4
W.P. No. 16129/2019
4
ORDER
Time of two weeks is granted to rectify the office objections failing which,
the petition shall stand dismissed for non-prosecution without further reference to the Court.
If the office objections are removed within the stipulated time, notice be issued to the respondents returnable on 13th August 2019.
The learned Additional Government Advocate takes notice for the second and third respondents.
SD/CHIEF JUSTICE
SD/JUDGE
T BY : JAY CASE WORKER: SHL COMPARED BY: SHL
COPY Sd/ASSISTANT REGISTRAR
Sri. S.K. Pawar and others
The Commissioner of Municipal Corporation, Lamington Road, Hubli
The Deputy Commissioner, Dharwad District
The Assistant Commissioner, Dharwad District
Abhay S. Oka
H.T. Narendra Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
