- 1 - NC: 2025:KHC:17899-DB WP No. 12877 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 12877 OF 2025 (GM-POL) BETWEEN: 1. M/S ULTRA CONMIX A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER INDIAN PARTNERSHIP ACT GST NO:29AAGFU8990B1ZP OFFICE AT: SY.NO.61/1, 61/2 SHESHAGIRIHALLI VILLAGE, BIDADI HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT - 562109 REP. BY ITS PARTNER MR. R. SHIVAPPA S/O. MR. RAMAKRISHNAPPA …PETITIONER (BY SRI GANAPATHY BHAT VAJRALLI, ADVOCATE FOR SRI SHRIDHAR HEGDE, ADVOCATE) AND: 1. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA CHURCH STREET BANGALORE - 560 001. REPRESENTED BY ITS MEMBER SECRETARY. Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:17899-DB WP No. 12877 of 2025 2. THE SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD ZONAL OFFICE, RAMANAGARA PARISARA BHAVAN 1ST FLOOR, NEAR DC OFFICE BANGALORE - MYSORE ROAD RAMANAGARA - 562 159. …RESPONDENTS (BY SRI MAHESH CHOWDHARY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE ORDER QUASHING THE IMPUGNED CLOSURE DIRECTIONS/ ORDER DATED 19.04.2025 BEARING SERIAL No.PCB/1523/SEO/NEIA-OB/2025-26/03 AS PER ANNEXURE-Q AND CLOSURE DIRECTIONS/ ORDER DATED 19.04.2025 BEARING SERIAL No.PCB/1523/SEO/NEIA-OB/2025-26/04 IN ANNEXURE-R ISSUED BY THE RESPONDENT No.1 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND - 3 - NC: 2025:KHC:17899-DB WP No. 12877 of 2025 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned Advocate Mr. Ganapathy Bhat with learned Advocate Mr. Sreedhar Hegde for the petitioner and learned Advocate Mr. Mahesh Choudhary for the respondent-Karnataka State Pollution Control Board. 2. The petitioner partnership firm, by filing this petition under Article 226 of the Constitution, has called in question the order dated 19th April 2025 passed by the competent authority of respondent-Pollution Control Board, thereby the petitioner is required and directed to close down its unit located at Survey No.61/1 and 61/2 at Seshagiri Halli Village, Bidadi Hobli, Ramanagara Taluka, which is a small green category plant engaged in ready-mix concrete manufacturing. 3. Learned Advocate for the petitioner assailed the impugned order on the ground that it was passed without affording opportunity of hearing to the petitioner. - 4 - NC: 2025:KHC:17899-DB WP No. 12877 of 2025 4. When querried whether the petitioner was heard before passing the impugned order, learned Advocate for the respondent Board was at his receiving end. He could not dispute the fact that the petitioner was not heard. 5. Observance of principles of natural justice was essential, since the impugned order directs closure of the unit and thus has severe adverse civil consequences. The petitioner deserves to be extended opportunity to put forward its case and defend itself. On the aforesaid sole ground, the impugned order is set aside. 5.1 Therefore, the present petition deserves to be allowed. It is provided that the impugned order dated 19th April 2025 shall be treated as show cause notice. The petitioner shall be given opportunity of filing reply to the proposed action of closure by the Board and shall be given hearing in response to the show cause notice. 5.2 The petitioner shall be allowed two weeks time to file reply. The reply shall be considered by the respondent-Pollution Control Board and fresh order shall be passed within a period of four weeks thereafter. - 5 - NC: 2025:KHC:17899-DB WP No. 12877 of 2025 6. This Court has not expressed any opinion on the merits of the case, nor has gone into the merits. 6.1 The order is set aside on the above ground of breach of natural justice. The authority shall decide in accordance with law and on merits. 7. The petition is partly allowed in the aforesaid terms and stands disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE KPS List No.: 2 Sl No.: 4