- 1 - NC: 2025:KHC:9053 WP No. 1694 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 1694 OF 2025 (LB-RES) BETWEEN: 1. SMT. THIPPAMMA W/O LATE LINGARAJU AGED ABOUT 57 YEARS. 2. SRI. MANJUNATH L. S/O LATE LINGARAJU AGED ABOUT 43 YEARS. BOTH ARE RESIDING AT NO.70 ESHWARA FARM, KODIGEHALLI VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK -560 092 …PETITIONERS (BY SRI. R. KUMAR, ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, BENGALURU URBAN, S. KARIYAPPA ROAD, BANASHANKARI, BENGALURU-560 050. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9053 WP No. 1694 of 2025 2. THE EXECUTIVE OFFICER TALUK PANCHAYATH, YELAHANKA BENGALURU NORTH TALUK, BENGALURU -560 064. 3. THE PANCHAYATH DEVELOPMENT OFFICER, KODIGEHALLI GRAM PANCHAYATH, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK-560 112. 4. THE ENVIRONMENTAL OFFICER, REGIONAL OFFICE, DASARAHALLI, 1ST FLOOR, URBAN ECO PARK, 100 FEET ROAD, 3RD PHASE, PEENYA INDUSTRIAL AREA, BENGALURU-560 058 …RESPONDENTS (BY SRI. M.S. DEVARAJU, ADVOCATE FOR R2 & R3; SRI. H. DEVENDRAPPA, ADVOCATE FOR R4; SRI. B.J. SOMAYAJI, ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED. 13.01.2025 ISSUED BY THE R-3 VIDE ANNEXURE-K IS ILLEGAL AND UNSUSTAINABLE AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9053 WP No. 1694 of 2025 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Present petition has been filed seeking writ of certiorari to set aside the impugned notice dated 13.01.2025 issued by the 3rd respondent by virtue of Annexure-K. The Panchayath Development Officer has called upon the petitioners to stop carrying on his activity or in the alternative has to shift his business established in terms of proceedings under Section 109 of the Karnataka Gram Swaraj and Panchayath Raj Act, 1993. It is to be noticed that before the proceedings at Annexure-K, there was a spot inspection and mahazar drawn up, in which, the complainant had granted consent on the condition that the chimney would be shifted to the front portion of the factory. It appears that as such, shifting of the chimney did not take place. Accordingly, it is stated that Annexure- K notice was issued. - 4 - NC: 2025:KHC:9053 WP No. 1694 of 2025 2. During the pendency of the proceedings, an affidavit has been filed by Petitioner No.2 which reads as hereunder: I, Sri. Manjunath. L, S/o Late Lingaraju, Aged about 43 years, R/ at No.70, Eshwara Farm, Kodigehalli Village, Yeshwanthpura Hobli, do hereby solemnly affirm and state oath as follows: 1. I am the 2nd petitioner in the above petition and I am very well acquainted with the facts and circumstances of the case. The 1st petitioner authorized me to sworn on behalf of her. Hence I am swearing to this affidavit. 2. I filled the above Writ petition by questioning the Annexure-K issued by the respondent No.3 on 13/01/2025. The said matter was posted for hearing 03/02/2025, on that day I undertook to shift the smoke exhaust pipe to the front of the unit as suggested by the executive officer of the Kodigehalli Gram panchayth within 1 month. Accordingly I shifted the smoke exhaust pipe to the front of the unit. To that effect I am hereby producing the photo copies showing the compliance. Hence this affidavit. 3. What is stated above is true to the best of my knowledge, information and belief. 3. The said affidavit is enclosed along with the photograph. - 5 - NC: 2025:KHC:9053 WP No. 1694 of 2025 4. Learned counsel appearing for the Respondent Nos.2 and 3 submits that in light of the subsequent developments, they may be reserved liberty to take an appropriate decision. Taking note of the affidavit filed, matter is remitted to Respondent Nos.2 and 3 to reconsider the notice at Annexure-K and pass appropriate orders. Needless to state the petitioners to place before Respondent Nos.2 and 3 the subsequent developments as reflected in the affidavit and photographs produced before this Court. Upon such reply being made to Annexure-K regarding subsequent events, Respondent Nos.2 and 3 to take appropriate decision within the period of four weeks thereafter. Accordingly, Petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE BNV List No.: 1 Sl No.: 35 CT:SNN