- 1 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT PETITION NO. 2484 OF 2021 (GM-KLA) BETWEEN: M/S. THANUSH ISPAT PRIVATE LIMITED KASANAKANDI ROAD KOPPAL – 583228 REP. BY MR. J VENKATARAMAN CHIEF EXECUTIVE OFFICER. …PETITIONER (BY SRI. D L N RAO – SR. COUNSEL FOR SRI. ANIRUDH ANAND - ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIKASA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560 001. 2. THE HON’BLE LOKAYUKTA STATE OF KARNATAKA M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560 001 REP. BY REGISTRAR HON’BLE LOKAYUKTA. (CORRECTED VCO DATED 15.03.2021) Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 3. THE ADDITIONAL REGISTRAR OF ENQUIRIES KARNATAKA LOKAYUKTA M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE-560 001. 4. KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN PARISARA BHAVAN NO.49, 4TH AND 5TH FLOOR CHURCH STREET BANGALORE-560 001 REP. SENIOR ENVIRONMENT OFFIER KSPCB, ZONAL OFFICE, BALLARI. 5. THE DEPUTY COMMISSIONER DIWATOR NAGAR KOPPAL-583 228. 6. THE ENVIRONMENTAL OFFICER REGIONAL OFFICE KARNATAKA STATE POLLUTION CONTROL BOARD B.A. PATIL BAGAR KOPPAL-583 231. 7. SRI. SIDDAPPA KADLI S/O SRI. FAKKIRAPPA KADLI AGED ABOUT 45 YEARS RESIDENT OF HIREBAGNAL TALUK KOPPAL DISTRICT-583228. 8. SRI. HANUMAPPA KADLI S/O SRI. FAKKIRAPPA KADLI AGED ABOUT 42 YEARS RESIDENT OF HIREBAGNAL TALUK KOPPAL DISTRICT-583228. - 3 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 9. SRI. RAMANNA KADLI S/O SRI. FAKKIRAPPA KADLI AGED ABOUT 35 YEARS RESIDENT OF HIREBAGNAL TALUK KOPPAL DISTRICT-583228. …RESPONDENTS (BY SRI. HARISH A S – AGA FOR RESPONDENTS NO.1 & 5; SRI. VENKATESH S ARABATTI –ADVOCATE AND SRI. KUMAR H D – ADVOCATE FOR RESPONDENTS NO.2 & 3; SRI. GURURAJ JOSHI – ADVOCATE FOR RESPONDENTS NO.4 & 6; SRI. CLIFTON D, ROZARIO – ADVOCATE FOR SRI. MAITREYI KRISHNAN – ADVOCATE FOR RESPONDENTS NO.8 & 9; RESPONDENT NO.7 SERVED THROUGH HAND SUMMONS AND UNREPRESENTED (ABSENT)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO: i) QUASH THE ‘FURTHER SCRUTINY NOTE’ DATED 28/02/2020 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-X; ii) QUASH THE LETTER BEARING NO. REVENUE/01/ENVIRONMENT/E.NO.18202/2020-21 DATED 20/07/2020 ISSUED BY THE 3RD RESPONDENT VIDE ANENXURE-Z; iii) QUASH THE NOTICE ISSUED BY THE 6TH RESPONDENT BEARING NO. KARAMANIMUM/PRAKA(KO)/20-21/333 DATED 29/09/2020 VIDE ANNEXURE-AB; - 4 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 iv) QUASH THE REMINDER LETTER BEARING NO. KARAMANIMUM/PRAKA(KO)/20-21/497 DATED 23/10/2020 VIDE ANNEXURE-AD; v) QUASH SHOW CAUSE NOTICE BEARING NO. KSPCB/RO(KPL)/LR/IR/SCN/2020-21/608 DATED 27/11/2020 ISSUED BY THE SIXTH RESPONDENT VIDE ANNEXURE-AG; vi) QUASH NOTICE OF PROPOSED DIRECTIONS BEARING NO.PCB/SEO/CMP/NPD/2020-21/123 DATED 10/1/2020 ISSUED BY THE SENIOR ENVIRONMENTAL OFFICER OF THE FOURTH RESPONDENT VIDE ANNEXURE-AJ; vii) QUASH THE NOTE SHEET COMMENCING FROM PARAGRAPH 28 ALONG WITH THE COVERING LETTER BEARING NO. LOK/BCD/752/2017/ARE-1 DATED 19/01/2021 VIDE ANNEXURE-AL; viii) QUASH THE ORDER OF THE 5TH RESPONDENT BEARING NO.REVENUE/ENVIRONMENT/01/2020-2021/ 1455 DATED 01.02.2021 VIDE ANNEXURE-AM. THIS WRIT PETITION, COMING ON FOR ‘REPORTING SETTLEMENT’, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T - 5 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 ORAL ORDER (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This writ petition is filed by M/s. Thanush Ispat Private Ltd. (Formerly known as Hare Krishna Metallics Pvt. Ltd.) being the petitioner, against the respondents. 2. The CEO of the petitioner Company Shri Venkataram J is present before Court physically. 3. Learned Senior Counsel Shri D.L.N. Rao appears for the learned counsel Shri Anirudh Anand who is on record for the petitioner / Company. Further, learned AGA Shri Harisha A.S. is present before Court and represents Respondent Nos.1 and 5. Learned Special Counsel Shri Venkatesh S. Arabatti is present before Court and represents the learned counsel Shri Kumar H.D. for Respondent Nos.2 and 3. Learned counsel Shri Gururaj Joshi represents Respondent Nos.4 and 6. Learned counsel Shri Clifton D. Rozario is present before Court and represents the learned counsel Smt. Maitreyi Krishna, who is on record for Respondent Nos.8 and 9. Respondent No.7 / Shri Siddappa Kadli, though served through hand summons, remains absent and unrepresented. - 6 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 4. The facts of the case are that the manufacturing plant operated by the petitioner / Company is spread over 63 acres of land at Hirebaganal Village in Koppal District of Karnataka. Based on a complaint dated 06.02.2015 lodged by Respondent Nos.7 to 9 herein, the Lokayukta had passed an order dated 06.03.2015 issuing certain directions to the Deputy Commissioner to constitute a Committee to decide the damages to be paid to the complainants. The impugned order at Annexure-“A” of the present writ petition and all consequential notices and orders were passed based on complaints made by Respondent Nos.7, 8 and 9 against the petitioner company, on the ground that the respondents faced crop loss since their lands are adjacent to the Manufacturing Plant which was being operated by the petitioner / Company. 5. However, the learned counsel for the respective parties who are present before Court this day, file a Joint Memo dated 25.01.2025 stating that they have settled their differences among themselves. Respondent Nos.8 and 9 who are as well present before Court, have also subscribed their signatures to the Joint Memo. It is submitted by the learned Senior Counsel Shri D.L.N. Rao appearing for the petitioner / Company, that - 7 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 though Respondent No.7 has not subscribed his signature to the Joint Memo, he has agreed to the terms of settlement in view of the Petitioner Company having purchased the lands belonging to Respondent Nos.7, 8 and 9. He further submits that Respondent No.7 has also received his share in respect of the sale of the said land and though he remains absent and unrepresented, Respondent No.7 / Siddappa Kadli has withdrawn his complaint filed against the petitioner / Company. The learned Senior Counsel for the petitioner has also filed a memo enclosing copies of the Sale Deeds executed by Respondent Nos.7, 8 and 9 in favour of the petitioner / Company. 6. The learned counsel for both the parties having voluntarily settled their differences, have filed a Joint Memo mentioning the terms of settlement which reads thus: “a) Respondents Nos. 7, 8 and 9 have sold the subject lands, to the Petitioner Company through a Sale Deed dated 20.01.2025 registered before the Jurisdictional Sub-Registrar on 20.01.2025. b) Respondents No. 7, 8 and 9 confirm that neither they nor their respective families have any right, title or interest in the subject lands. - 8 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 c) That the present petition was filed challenging the Orders of the Hon'ble Lokayukta based on a complaint made by Respondent Nos. 7, 8 and 9 regarding crop compensation. Now that the said lands have been purchased by the Petitioner company no lis remains between the parties. The Hon'ble Lokayukta had also closed the complaint on 11.01.2023 [Annexure AT] 'subject to the result of this petition'. It is submitted that nothing remains for adjudication in the matter. d) Respondents 7, 8 and 9 confirm that they have received all payments due from the Petitioner Company with respect to crop compensation and sale proceeds and there are no monies due to them from the Petitioner Company. e) Respondents 7,8 and 9 will consequently withdraw all other pending complaints before various authorities filed against the Petitioner. f) The Petitioner has agreed to provide employment to one person each in the families of the Respondents No. 7, 8 and 9. g) Therefore, owing to the said development, it is prayed that this Hon'ble Court quash the Impugned Orders and notices as they arose from the proceedings before the Hon'ble Lokayukta or are consequential orders and notices based on the proceedings before the Hon'ble Lokayukta.” - 9 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 7. The above Joint Memo filed by the learned counsel for the parties, is taken on record. Further, the memo filed by the learned counsel for the petitioner / Company enclosing the copies of Sale Deeds executed by Respondent Nos.7, 8 and 9 is also taken on record. 8. In view of Respondent Nos.7, 8 and 9 having sold the subject lands to the petitioner / Company, they do not have any right title or interest in the lands. Further, they have also received all payments from the petitioner / Company and they have undertaken to withdraw all pending complaints before various Authorities filed against the petitioner. The petitioner / Company also has agreed to provide employment to one person each in the families of Respondent Nos.7, 8 and 9. 9. Learned Special Counsel Shri Venkatesh S. Arabatti representing the Lokayukta who is present before Court also submits that in view of the subject lands having been purchased by the petitioner / Company, the Lokayukta has closed the complaint in LOK/ BCD/752/2017/ARE-1, subject to the result of the present petition. Hence, the respective counsel - 10 - NC: 2025:KHC:3429-DB WP No. 2484 of 2021 appearing for the parties have prayed to dispose of the present petition in terms of the Joint Memo. 9. Accordingly, the Joint Memo as well as the memo filed enclosing copies of Sale Deeds is taken on record and the present petition stands disposed of in terms of the Joint Memo. SD/- (K.SOMASHEKAR) JUDGE SD/- (VENKATESH NAIK T) JUDGE KS