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2025 DAILYLAW 8660 (KAR)

PRAVEEN S/O. SIDHARAM SUTAR v. THE STATE OF KARNATAKA

WP/104285/2021 · 2025-02-17

M Nagaprasanna

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:3130 WP No. 104285 of 2021 C/W WP No. 104260 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.104285 OF 2021 (GM-POL) C/W WRIT PETITION NO.104260 OF 2021 IN W.P.NO.104285/2021: BETWEEN: PRAVEEN S/O. SIDHARAM SUTAR, AGE: 29 YEARS, OCC: BUSINESS, R/O: AMBEDKAR CIRCLE TERDAL – 587 315, TAL: RABAKAVI BANAHATTI, DIST: BAGALKOT. …PETITIONER (BY SRI VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPTD. BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, AND PANCHAYAT RAJ, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, BAGALKOT, AT BAGALKOT, DIST: BAGALKOT – 587 102. 3. THE COMMISSIONER, TOWN MUNCIPAL CORPORATIONS, TERDAL, VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.02.18 11:21:55 +0530 - 2 - NC: 2025:KHC-D:3130 WP No. 104285 of 2021 C/W WP No. 104260 of 2021 BYPASS ROAD, TERDAL – 587 315, TAL: RABAKAVI BANAHATTI, DIST: BAGALKOT. 4. REGIONAL OFFICE, THE KARNATAKA STATE, POLLUTION CONTROL BOARD, SECTOR NO. 7 BY PASS ROAD, NAVANAGAR BAGALKOT – 587 102, BY ITS ENVIRONMENT OFFICER. 5. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL, O AND M SUB DIVISION, HESCOM, RABAKAVI, AT RABAKAVI – 587 314, DIST: BAGALKOT. 6. M/S ASHIF MILK DIARY PRODUCT PRODUCERS ASOCIATION LTD., REPT. BY ITS PROPRIETOR SHRI ASHIF S/O. IBRAHIM HANAGANDI, AGE: 27 YEARS, OCC: PROPRETOR, AT M/S ASHIF MILK DIARY PRODUCT PRODUCERS ASSOCIATION LTD., R/O: SY. NO. 1/1 2/D DASARAMANDI ROAD, TERDAL – 587 315, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. …RESPONDENTS (BY SRI SHARAD V. MAGADUM AGA FOR R1 AND R2; SRI G.I.GACHCHINMATH, ADVOCATE FOR R4; SRI B.S.KAMATE, ADVOCATE FOR R5; SRI M.R.PATIL, ADVOCATE FOR R3; SRI JAGADISH PATIL, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.6 - 3 - NC: 2025:KHC-D:3130 WP No. 104285 of 2021 C/W WP No. 104260 of 2021 TO COMPLY WITH THE UNDERTAKING GIVEN IN WP.NO.100552/2021 DATED 23.02.2021 BEFORE THIS HON’BLE COURT VIDE ANNEXURE-G TO THE WRIT PETITION AND ETC., IN W.P.NO.104260/2021: BETWEEN: PRAVEEN S/O. SIDHARAM SUTAR, AGE: 29 YEARS, OCC: R/O: AMBEDKAR CIRCLE TERDAL – 587 315, TAL: RABAKAVI BANAHATTI, DIST: BAGALKOT. …PETITIONER (BY SRI VIJAYKUMAR B. HORATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPTD. BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT, AND PANCHAYAT RAJ, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, BAGALKOT, AT BAGALKOT, DIST: BAGALKOT – 587 102. 3. THE COMMISSIONER, TOWN MUNCIPAL CORPORATIONS, TERDAL, BYPASS ROAD, TERDAL – 587 315, TAL: RABAKAVI BANAHATTI, DIST: BAGALKOT. 4. REGIONAL OFFICE, THE KARNATAKA STATE, POLLUTION CONTROL BOARD, SECTOR NO. 7 BY PASS ROAD, - 4 - NC: 2025:KHC-D:3130 WP No. 104285 of 2021 C/W WP No. 104260 of 2021 NAVANAGAR BAGALKOT – 587 102, BY ITS ENVIRONMENT OFFICER. 5. ASSISTANT EXECUTIVE ENGINEER ELECTRICAL, O AND M SUB DIVISION, HESCOM, RABAKAVI, AT RABAKAVI – 587 314, DIST: BAGALKOT. 6. M/S AMAN MILK DIARY PRODUCT PRODUCERS ASOCIATION LTD., REPT. BY ITS PROPRIETOR SHRI SALIM YASHIN HANAGANDI, AGE: 41 YEARS, OCC: PROPRETOR, AT M/S AMAN MILK DIARY PRODUCT PRODUCERS ASSOCIATION LTD., R/O: SY. NO. 1/1 2/D DASARAMANDI ROAD, TERDAL – 587 315, TQ: RABAKAVI-BANAHATTI, DIST: BAGALKOT. …RESPONDENTS (BY SRI SHARAD V. MAGADUM AGA FOR R1 AND R2; SRI G.I.GACHCHINMATH, ADVOCATE FOR R4; SRI B.S.KAMATE, ADVOCATE FOR R5; SRI M.R.PATIL, ADVOCATE FOR R3; SRI JAGADISH PATIL, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING RESPONDENT NO.6 TO COMPLY WITH THE UNDERTAKING GIVEN IN WP.NO.100551/2021 DATED 23.02.2021 BEFORE THIS HON’BLE COURT VIDE ANNEXURE-G TO THE WRIT PETITION AND ETC., - 5 - NC: 2025:KHC-D:3130 WP No. 104285 of 2021 C/W WP No. 104260 of 2021 THESE WRIT PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THERIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner in both these petitions is before this Court seeking the following prayers: “IN W.P.NO.104285/2021: “A) To issue writ in the nature of mandamus directing Respondent no.6 to comply with the undertaking given in WP.No.100552/2021 dated 23.02.2021 before this Hon’ble Court vide Annexure-G to the writ petition. B) To pass any other order, direction as deemed fir in the circumstances of the case. IN W.P.NO.104260/2021: “A) To issue writ in the nature of mandamus directing Respondent no.6 to comply with the undertaking given in WP.No.100551/2021 dated 23.02.2021 before this Hon’ble Court vide Annexure-G to the writ petition. B) To pass any other order, direction as deemed fir in the circumstances of the case.” 2. Learned counsel Shri Jagadish Patil representing respondent No.6 submits that the undertaking rendered by - 6 - NC: 2025:KHC-D:3130 WP No. 104285 of 2021 C/W WP No. 104260 of 2021 the sixth respondent in W.P. No.100552 of 2021 in terms of its order dated 23.02.021 has been complied. The compliance of which now the petitioner admits. Therefore, nothing survives in the subject petition. The petitions are disposed as having become infructuous. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 10