Sri Ivan Lobo vs State Of Karnataka
2023 Latest Caselaw 1146 Kant

                                       -1-
                                               WP No. 22620 of 2022




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 1ST DAY OF FEBRUARY, 2023

                                    PRESENT

              THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                      AND

                     THE HON'BLE MR JUSTICE ASHOK S.KINAGI


                  WRIT PETITION NO. 22620 OF 2022 (GM-MM-S)


             BETWEEN:
             SRI IVAN LOBO
             S/O EDWIN JOSEPH LOBO
             AGED ABOUT 51 YEARS
             R/A ALAKEPADAVU HOUSE
             MUDUPERAR POST, MANGALURU TALUK
             DAKSHINA KANANDA-574144
             REPRESENTED BY HIS GPA HOLDER
             MR ABDUL HAMEED
Digitally
signed by R  S/O HASANABBA
DEEPA        AGED ABOUT 33 YEARS
                                                        ...PETITIONER
Location:
High Court (BY SRI. I. THARANATH POOJARY, SR. ADV., FOR
of Karnataka   SMT. VEENA T.N., ADVOCATE)
             AND:


             1.    STATE OF KARNATAKA
                   REP BY ITS SECRETARY
                   DEPARTMENT OF COMMERCE AND INDUSTRIES
                   (MSME AND MINES)
                   VIKASA SOUDHA
                   BENGALURU-560001
                               -2-
                                     WP No. 22620 of 2022




2.   STATE LEVEL ENVIRONMENT IMPACT
     ASSESSMENT AUTHORITY
     REP BY ITS SECRETARY
     M S BUILDING, 2ND FLOOR
     AMBEDKAR VEEDHI
     BENGALURU-560001

3.   DEPUTY DIRECTOR
     DEPARTMENT OF MINES AND GEOLOGY
     JUGAL TOWER, MALLIKATTE
     MANGALURU
     DAKSHINA KANANDA-575001

4.   THE DISTRICT LEVEL ENVIRONMENT IMPACT
     ASSESSMENT AUTHORITY
     REP BY ITS CHAIRMAN
     BAIKAMPADY
     DAKSHINA KANNADA-575001
                                        ...RESPONDENTS
(BY SRI. S. S. MAHENDRA, AGA FOR R1 AND R3;
    SRI. D. NAGARAJ, ADV. FOR R2)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF CERTIORARI QUASHING THE RESOLUTION
No.269.131 PASSED BY THE 2ND RESPONDENT MADE IN ITS
269TH PROCEEDINGS HELD ON 21, 22, 25, 26, 27 28 OCTOBER
2021 PRODUCED AT ANNEXURE-A; AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE, MADE THE FOLLOWING:


                          ORDER

The petitioner filed this writ petition seeking for

quashing the resolution No.269.131 passed by 2nd

respondent made in its 269th proceedings held on 21st,

WP No. 22620 of 2022

22nd, 25th, 26th, 27th and 28th October 2021, produced at

Annexure-A.

2. Statement of objections is filed on behalf of

respondents No.1 and 3.

3. Learned counsel for respondent No.2, on

instructions, makes a statement that the decision taken in

the SEAC Meeting held on 21st, 22nd, 25th, 26th, 27th and

28th October 2021, whereby the exercise of appraisal of

the project proposal was deferred. It is subjected to

challenge in the present writ petition and in view of the

recent judgment of this Court in the matter of DHANANJAY

VS. STATE OF KARNATAKA & ORS., passed in W.P.Nos.

54476/2016 c/w 51135/2016, dated 12.06.2019,

respondent No.2 would decide the issue on appraisal of

project proposal. Learned counsel further submits that the

decision would be taken up by the competent authority

and accordingly, recommendation would be submitted in

accordance with law, within a period of four weeks from

today.

WP No. 22620 of 2022

4. This statement on behalf of respondent No.2 is

accepted as an undertaking to this Court.

5. In view of this statement/undertaking, the

grievance raised in the present petition would no more

survive. Writ petition is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

RD