Sriram Poultry Farm vs The State of Karnataka

H.N. Nagamohan Das, J.—In this petition, the petitioner has prayed for quashing the order dated 27.08.2013 passed by 2nd respondent as per Annexure ''B'' and confirmed by the Principal District and Sessions Judge, Davanagere in Crl. R.P. No. 146/2013 vide order dated 21st November 2013. The petitioner is running Poultry Farm in Sy. No. 107/2A2 of Belavanor Village, Davanagere Taluk. The neighbouring villagers complained to the 2nd respondent stating that the Poultry Farming run by the petitioner is causing great nuisance and health hazard. In this connection, the 2nd respondent secured certain technical reports, held joint meeting of the villagers and the petitioner and other Poultry Farming owners and directed them to adopt scientific methods and to follow certain guidelines prescribed by the Pollution Control Board. Despite these meetings, letters and notices, the petitioner failed to comply the legal requirement. Consequently, the 2nd respondent passed the impugned order on 27th August 2013 as per Annexure ''B'', giving three months time to comply the directions issued earlier and also to shift the location of the Poultry Farming, failing which to cancel the licences issued to them.

Aggrieved by this impugned order at Annexure ''B'', the petitioner and others filed Criminal Revisions Petition Nos. 146/2013, 143/2013, 145/2013 and 146/2013 on the file of the Principal District and Sessions Judge at Davanagere. By a common order dated 21st November 2013, the District Judge dismissed the Revision Petitions, vacated the interim order granted earlier and confirmed the orders passed by the Deputy Commissioner. Aggrieved by this order, the petitioner is before this Court.

A perusal of the impugned order passed by the 2nd respondent, makes it clear that by providing sufficient opportunity, time to adopt scientific methods to prevent the nuisance and by following the procedure as per law i.e. u/s 133(B) of Cr.P.C. passed the impugned order. The impugned order passed by the 2nd respondent is in accordance with law laid down by the Apex Court and this Court. Further, the Revisional Court on careful examination of the entire aspect of the matter and on re-appreciating the entire material and by following the law, passed the impugned order dismissing the Revision Petitions filed by the petitioner and others. I find no justifiable ground to interfere with the impugned orders.

The learned Counsel for the petitioner submits that during the pendency of the proceedings before the Revisional Court and also thereafter they have rectified the mistakes, complied the directions issued by the 2nd respondent, adopted scientific methods to prevent the nuisance in the Poultry Farming. In this connection, a fresh representation is also given to the 2nd respondent. If that is so, the 2nd respondent to consider the same in accordance with law. In the event of petitioner complying the necessary directions, guidelines and the legal requirement then the 2nd respondent may review the order passed by him, if so required.

Accordingly, this petition is hereby dismissed.