M/S SEVEN STAR GROUP, vs. THE STATE OF KARNATAKA

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WP/101925/2018HC KarnatakaKAHC02001102201815 March 2018Bench: RAVI MALIMATH3 pages
AI SummaryPartly Allowed

What did the High Court hold?

The Court acknowledged the petitioner's plea for an extension to file objections. The respondents were not required to be heard on this specific issue.

What were the facts?

The petitioner, M/s Seven Star Group, sought to quash an order passed by the Regional Senior Environmental Officer. Due to unavoidable circumstances, the petitioner could not furnish their reply within the stipulated seven days.

What were the issues?

Whether the petitioner should be granted an extension of time to file objections. The procedural fairness in considering the petitioner's response.

Which sections of the Income-tax Act were involved?

Section 227

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

ON THE 15th DAY OF MARCH 2018

BEFORE

THE HON'BLE MR. JUSTICE RAVI MALIMATH

WRIT PETITION NO.101925 of 2018 (GM-POL)

BETWEEN

M/S SEVEN STAR GROUP, PLOT NO.1138, AUTO NAGAR, KANABARGI, TQ & DIST: BELAGAVI, REPRESENTED BY ITS ACTING PARTNER SHRI.RIYAZKHAN S/O MEHABOOBKHAN PATHAN, AGE: 52 YEARS, OCC: BUSINESS, R/O: H.NO.4725, KAKAR GALLI, TQ & DIST: BELAGAVI.

...PETITIONER

(BY SRI. SANTOSH B. RAWOOT, ADVOCATE)

AND

1.

THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF ECOLOGY & ENVIRONMENT, # 708, M.S.BUILDING, 7TH FLOOR, NEAR VIDHANA SOUDHA, BENGALURU-560001

2.

THE KARNATAKA STATE POLLUTION CONTROL BOARD,

2 "PARISARA BHAVAN" # 49, 4TH & 5TH FLOOR, CHURCH STREET BENGALURU-560001. REPRESENTED BY ITS SENIOR ENVIRONMENTAL OFFICER

3.

THE REGIONAL SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD, PLOT NO.4, LAKKAMANAHALLY INDUSTRIAL AREA, DHARWAD-580004

4.

THE DEPUTY COMMISSIONER BELGAUM TQ & DISTRICT: BELAGAVI.

5.

THE MANAGING DIRECTOR, HESCOM, CORPORATE OFFICE (BESIDE INCOME TAX OFFICE), NAVANAGAR, P.B.ROAD, HUBBALLI-5800025 TQ: HUBBALLI, DIST: DHARWAD.

6.

THE EXECUTIVE ENGINEER, CSD-2, NEAR RAILWAY STATION, BELAGAVI.

...RESPONDENTS

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.03.2018 PASSED IN NO.95 PCB/SEO/CMP/SC/2018/956 BY THE RESPONDENT NO.3 VIDE ANNEXURE-F. *****

3 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner’s counsel pleads that due to unavoidable circumstances, petitioner could not furnish his reply within seven days. Petitioner’s only request is to grant him another seven days to file his objections.

2.

In view of the above submission, it is not necessary to hear the respondents on this issue.

Consequently, petition is disposed off with liberty to the petitioner to file his objections within 21st March 2018. Respondent No.3 to consider the same in accordance with law.

Sd/- JUDGE

Kms

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