Writ petition seeking deemed grant of consent for operation under the Water Act for non-issuance of CFO; authorities subsequently accorded sanction, and the petition was permitted to be withdrawn with all issues open.
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NC: 2025:KHC:4964-DB WP No. 25579 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO. 25579 OF 2024 (GM-POL)
BETWEEN:
M/S. BRAHMANANDA SAGAR JAGGERY INDUSTRIES HAVING ITS REGISTERED OFFICE AT HARUGERI-591 220 REP. BY ITS PARTNER MR. MAHAVEER J. ASKI
…PETITIONER
(BY SRI. ANIRUDHA R. NAYAK, ADVOCATE)
AND:
Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1;
NC: 2025:KHC:4964-DB WP No. 25579 of 2024
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT IN THE NATURE OF A CERTIORARI QUASHING THE ORDER /DIRECTION BEARING No.PCB/311/17CAT/HPI/ 2014/2024/2232 DATED 30.08.2024 ENCLOSED AS ANNEXURE-B1 AND GRANT CFO IN TERMS OF THE MANDATE OF SECTION 25(7) OF THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)
Learned counsel appearing for the petitioner has filed a memo dated 14.11.2024 seeking leave of the Court to withdraw the petition, which reads as under;
1. "That the petitioner was aggrieved by inaction of the respondent in not granting CFO despite the earlier directions of this Hon'ble High Court. That the petitioner sought for deemed sanction of CFO in terms of Section 25 of the Water (Prevention & Control of Pollution) Act, 1974.
2. However, the authorities have now accorded the sanction. The petitioner's therefore seek leave of this Hon'ble Court
to withdraw the petition keeping all issues open. Hence, this memo."
as withdrawn.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(VIJAYKUMAR A. PATIL) JUDGE
PN List No.: 3 Sl No.: 55
3 provisions across 2 enactments
M/S. Brahmananda Sagar Jaggery Industries, rep. by its partner Mr. Mahaveer J. Aski
The Government of Karnataka, rep. by its Principal Secretary
The Member Secretary, Karnataka State Pollution Control Board
The Zonal Senior Environmental Officer, Karnataka State Pollution Control Board
ANU SIVARAMAN
VIJAYKUMAR A. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
