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2025 DAILYLAW 28319 (KAR)

AKSHAY KUMAR. S v. GOVERNMENT OF KARNATAKA

WP/17497/2024 · 2025-07-08

H T Narendra Prasad

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24829 WP No. 17497 of 2024 C/W WP No. 10977 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 17497 OF 2024 (S-RES) C/W WRIT PETITION NO. 10977 OF 2024 (S-RES) IN WP NO. 17497/2024 BETWEEN: AKSHAY KUMAR. S C/O M SURESH AGED ABOUT 29 YEARS NO 62 1ST CROSS, OPPOSITE JNANA SWEEKAR PUBLIC SCHOOL KUMAR LAYOUT KANAKAPURA ROAD THALAGHATTAPURA BANGALORE 560062. …PETITIONER (BY SRI. SANJAYA R., ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU 560001. 2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF FOREST ENVIRONMENT AND ECOLOGY MULTISTORIED BUILDING DR AMBEDKAR VEEDHI BANGALORE 560001. Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24829 WP No. 17497 of 2024 C/W WP No. 10977 of 2024 3. THE UNDER SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF FOREST ENVIRONMENT AND ECOLOGY MULTISTORIED BUILDING DR AMBEDKAR VEEDHI BANGALORE 560001. 4. UNION OF INDIA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS MINISTRY OF HOME AFFAIRS NEW DELHI 110001. 5. H C BALACHANDRA AGED ABOUT 46 YEARS HARALAHALLI, HALIVANA DAVANGERE, KARNATAKA 577530 …RESPONDENTS (BY SRI. B J ESWARAPPA., AGA FOR R1 TO R3: SRI M N KUMAR, CGSC, FOR R4: SMT. SIRI R, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF QUO WARRANTO OR ANY OTHER APPROPRIATE WRIT PROHIBITING THE INCUMBENT R5 FROM EXERCISING DUTIES AS THE MEMBER SECRETARY OF THE KARNATAKA STATE POLLUTION CONTROL BOARD AND ETC. IN WP NO. 10977/2024 BETWEEN: DR. M.S. HEMANTHA KUMAR AGED ABOUT 50 YEARS DOOR NOR 25 - 3 - HC-KAR NC: 2025:KHC:24829 WP No. 17497 of 2024 C/W WP No. 10977 of 2024 SIDDALINGESHWARA KRUPA ASHAKIRANA LAYOUT SHIVANAPALYA ROAD VALAGEREHALLI GNANA BHARATHI IST STAGE KENGERE SATELLITE TOWN BANGALORE-560060 HEMANTHKUMAR74@YAHOO.COM ...PETITIONER (BY SRI. YASHASWI PRASAD K., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU-560001. 2. UNION OF INDIA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS MINISTRY OF HOME AFFAIRS NEW DELHI-110001. 3. THE ACCOUNTANT GENERAL (A AND E) NO.5329, PARK HOUSE ROAD BENGALURU-560001. 4. CHIEF SECRETARY TO GOVERNMENT REP. BY DR. RAJNEESH GOEL ROOM NO.302, 3RD FLOOR VIDHANA SOUDHA BENGALURU-560001. 5. SECRETARY TO GOVERNMENT REPRESENTED BY MR. RAKESHSINGH, IAS DPAR VIDHANA SOUDHA BENGALURU-560001. 6. THE UNDER-SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF FOREST - 4 - HC-KAR NC: 2025:KHC:24829 WP No. 17497 of 2024 C/W WP No. 10977 of 2024 ENVIRONMENT AND ECOLOGY MULTISTORIED BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560001. 7. SRI H C BALACHANDRA PRESENTLY SERVING AS THE MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD, HARAIAHALLI, HALLIVANA DAVANGERE-577530 8. THE ADMINISTRATIVE OFFICER KARNATKA STATE POLLUTION CONTROL BOARD CHURCH STREET, BANGALORE-560001. ...RESPONDENTS (BY SRI.B J ESWARAPPA, AGA., FOR R1, R3 TO R6: SRI S RAJASHEKAR, ADVOCATE FOR R2: SMT. SIRI RAJASHEKAR, ADVOCATE FOR R7: SRI. BASAVARAJ S SAPPANNAVAR, ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF QUO WARRANTO IN RESPECT OF H C BALACHANDRA I.E. R7’S APPOINTMENT AS THE MEMBER SECRETARY OF THE KARNATAKA STATE POLLUTION CONTROL BOARD (KSPCB) ON 11/01/2024 VIDE NOTIFICATION NO. E-DPAR 16 SFP I.E. ANNEXURE-B WHOSE APPOINTMENT HAS BECOME ILLEGAL BY VIRTUE OF THE RESTRICTIONS ENVISAGED UNDER THE APPLICABLE LAWS AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:24829 WP No. 17497 of 2024 C/W WP No. 10977 of 2024 CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER 1. The learned counsel for the parties submit that the prayers sought by the petitioner in these petitions do not survive for consideration. Hence, they submit that the petitions have become infructuous. 2. The submission is taken on record. 3. Accordingly, the petitions are dismissed as having become infructuous.. Sd/- (H.T. NARENDRA PRASAD) JUDGE HA List No.: 1 Sl No.: 50