The petitioner filed a writ petition to quash a notice directing them to stop wind turbine installation. The court disposed of the petition as the petitioner had already erected the turbines pursuant to earlier interim directions, rendering the relief moot.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2021 BEFORE
THE HON’BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.1441 OF 2017 (GM-RES)
BETWEEN:
M/S.SARJAN REALITIES LIMITED NO.569/7, SHIVAKUMARASWAMY BADAVANE 1ST STAGE, 2ND MAIN, HADADI ROAD DAVANAGERE – 577 005
HAVING ITS REGISTERED OFFICE AT: ONE EARTH, HADAPSAR PUNE – 411 028 MAHARASHTRA
REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.MILAN POPAT S/O.MR.ARVINDBHAI TRIBUVANDAS POPAT AGED ABOUT 48 YEARS ... PETITIONER
(BY SRI SRIKANTH PATIL K., ADVOCATE)
AND:
(BY SRI P.B.ACHAPPA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER/DIRECTION/NOTICE DATED 05.01.2017 (ANNEXURE-A) ISSUED BY RESPONDENT NO.3-AUTHORITY BEING TOTALLY ARBITRARY, ERRONEOUS, OPPOSED TO LAW, EQUITY AND JUSTICE AND WITHOUT JURISDICTION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioner has filed a memo
dated 16.01.2021 for disposal of the writ petition. The memo reads as under:
“That as per Annexure-A, the respondent No.3 had directed the petitioner to stop the installation of wind turbines. This Hon’ble Court vide its order dtd. 11.01.2017 directed as under;
“The respondents are directed not to disturb the project work being carried out by the petitioner. Further, the petitioner is directed to carry out its project work without putting the interests of the surrounding farmers in jeopardy in any way.”
In terms of the interim directions of this Hon’ble Court supra, the petitioner herein carried out the erection of the wind turbines. As such the
purpose of the above writ petition is served and the same may be disposed of.”
The sum and substance of the memo is that as per the interim order passed by this Court, the petitioner has carried out the erection of the wind turbines and now, the relief as prayed for by the petitioner in the writ petition would not survive for consideration. Hence, the petitioner seeks for disposal of the petition.
The memo is placed on record.
The writ petition is disposed of , in terms of the memo
dated 16.01.2021.
Sd/JUDGE
LB
1 provisions across 1 enactments
M/S.SARJAN REALITIES LIMITED
THE STATE OF KARNATAKA
THE TAHASILDAR HARAPANAHALLI
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
