Case Note & Summary
The appellant, M/S Yashaswi Fish Meal and Oil Company, a registered partnership firm, filed a writ petition before the High Court of Karnataka challenging an order directing closure of its fish meal factory. The fifth to eighth respondents, local residents, had earlier filed Writ Petition Nos.47781-47784/2017 seeking action against illegal industries, including the appellant's factory. Those writ petitions were disposed of by a Division Bench on 10th January 2018, directing the authorities to consider the representation of the residents. Subsequently, the appellant filed W.P.No.14808/2018, and the learned Single Judge, by order dated 21/01/2019, directed the appellant to implead the fifth to eighth respondents as party respondents in the writ petition. Aggrieved, the appellant filed the present writ appeal under Section 4 of the Karnataka High Court Act. The appellant argued that the impleadment was unnecessary as the residents were not necessary parties. The respondents contended that they were directly affected and had a right to be heard. The Division Bench, consisting of Chief Justice Abhay S. Oka and Justice H.T. Narendra Prasad, held that the order of impleadment was just and proper, as the residents had a direct interest in the subject matter and their earlier writ petitions were connected. The court found no error in the Single Judge's order and dismissed the appeal, upholding the impleadment direction.
Headnote
A) Civil Procedure - Impleadment of Parties - Necessary Party - The court directed impleadment of local residents who had earlier filed writ petitions seeking closure of illegal industries, as they were directly affected and had a right to be heard in the subsequent writ petition filed by the industry challenging the closure order - Held that the order of impleadment was just and proper and did not warrant interference (Paras 1-3).
Issue of Consideration
Whether the learned Single Judge erred in directing the appellant to implead the fifth to eighth respondents as party respondents in the writ petition, thereby granting them a right of hearing.
Final Decision
The writ appeal is dismissed. The order of the learned Single Judge directing impleadment of the fifth to eighth respondents is upheld.
Law Points
- Impleadment of necessary parties
- Right to be heard
- Public Interest Litigation
- Environmental law
- Coastal Regulation Zone
Case Details
2019 LawText (KAR) (06) 53
Writ Appeal No. 995/2019 (GM-RES)
Abhay S. Oka, Chief Justice, H.T. Narendra Prasad, Justice
Sri K A Ariga (for appellant), Sri P B Achappa (AGA for R-2,3,4), Sri C Shashikantha (ASG for R-1)
M/S Yashaswi Fish Meal and Oil Company
Union of India, The Karnataka State Coastal Zone Management Authority (KSCZMA), Regional Director (Environment), State of Karnataka, Sri Pushparaj, Sri Rathnakar Mendon, Sri Diwakar Bolje, Sri Udaya Kunder
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Nature of Litigation
Writ appeal against an order directing impleadment of respondents in a writ petition.
Remedy Sought
The appellant sought to set aside the order dated 21/01/2019 in W.P.No.14808/2018 and to allow the writ appeal.
Filing Reason
The appellant was aggrieved by the learned Single Judge's order directing impleadment of the fifth to eighth respondents as party respondents in the writ petition.
Previous Decisions
The fifth to eighth respondents had filed Writ Petition Nos.47781-47784/2017 seeking closure of illegal industries, which were disposed of by a Division Bench on 10th January 2018. The appellant was the fifteenth respondent in those petitions.
Issues
Whether the learned Single Judge erred in directing the appellant to implead the fifth to eighth respondents as party respondents in the writ petition.
Submissions/Arguments
The appellant argued that the impleadment of the fifth to eighth respondents was unnecessary as they were not necessary parties.
The respondents contended that they were directly affected and had a right to be heard in the writ petition.
Ratio Decidendi
The court held that the order of impleadment was just and proper as the fifth to eighth respondents had a direct interest in the subject matter and their earlier writ petitions were connected. No interference was warranted.
Judgment Excerpts
By the impugned order, the learned Single Judge has directed the appellant -writ petitioner to implead the fifth to eighth respondents herein as party respondents in the writ petition filed by the appellant.
We find that the order of the learned Single Judge directing impleadment of the fifth to eighth respondents is just and proper. Hence, no interference is called for.
Procedural History
The fifth to eighth respondents filed Writ Petition Nos.47781-47784/2017 seeking closure of illegal industries, which were disposed of by a Division Bench on 10th January 2018. The appellant then filed W.P.No.14808/2018. The learned Single Judge, by order dated 21/01/2019, directed impleadment of the fifth to eighth respondents. The appellant filed the present writ appeal under Section 4 of the Karnataka High Court Act.
Acts & Sections
- Karnataka High Court Act: Section 4
- Constitution of India: Article 226
