SEVEN STAR GROUP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned writ petition is filed seeking writ of certiorari to quash the impugned communication dated 09.10.2019 bearing No.PCB/RO (BGV-1)/SR/2019-20/1545 issued by respondent No.5 as per Annexure-E and writ of mandamus to direct respondent Nos.2 to 5 to conduct spot inspection of the petitioner-factory by issuing at least three days prior notice and also writ in the nature of mandamus to direct respondent Nos.2 to 5 to invoke only plenary powers as described in Air and Water Act and Rules and Regulations therein and not to invoke any of the provisions of law, which are not within their jurisdiction/authority.

(2.) The brief facts of the top noted writ petition are as under: Petitioner is a partner of M/s Seven Star Group which is engaged in cold storage business. The case of the petitioner is that, it is carrying out business through lawful means by abiding rules and regulations prescribed by the authority. The grievance of the petitioner before this Court is that, respondent No.2 contrary to law is interfering with the functions of the petitioner-factory on the basis of vague complaints made by vested interests.

(3.) Petitioner at para 4 of the writ petition has taken a contention that, respondent No.2 through order dated 14.05.2018 has ordered for closure of the petitionerfactory. The grievance of the petitioner before this Court is that respondent No.2 has invoked the provisions of law which are not applicable to the petitioner-factory. Hence, the petitioner sought for revocation of the closure order which is placed on record in the present writ petition as per Annexure-B. Copy of the application submitted by the petitioner seeking revocation of closure order is also placed on record as per Annexure-D. Respondent No.5 has issued a reply to the said application as per Annexure-E calling upon the petitioner to furnish further details, to which, there is a reply by the petitioner herein and the same is produced before this Court as per Annexure-E1.