MR. AMIT KUMAR PISHE v. BRUHATH BENGALURU MAHANAGARA PALIKE
WP/33235/2024 · 2026-09-15
K V Aravind, N V Anjaria Cj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2563 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2563 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17856-DB WP No. 33235 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH 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.33235 OF 2024 (GM-POL)
BETWEEN:
MR. AMIT KUMAR PISHE, SON OF LATE JAGANATH RAO PISHE, AGED 42 YEARS, RESIDING AT NO. 366, 7TH MAIN ROAD, NGEF LAYOUT, SADANANDA NAGAR, BENNIGANAHALLI, BANGALORE - 560 038. …PETITIONER (BY SRI. S. GURU PRASANNA, ADVOCATE) AND:
1.
BRUHATH BENGALURU MAHANAGARA PALIKE, CORPORATION BUILDING, N.R. SQUARE, BENGALURU - 560 002, REPRESENTED BY ITS COMMISSIONER.
2.
KARNATAKA STATE POLLUTION CONTROL BOARD, PARISARA BAVANA,
Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka
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NC: 2025:KHC:17856-DB WP No. 33235 of 2024
BENGALURU - 560 020, REPRESENTED BY ITS COMMISSIONER.
3.
M/S. BHARANI MIXTURES REPRESENTED BY ITS PROPRIETOR, MR. RAJENDRAN, 454, 7TH MAIN ROAD, NGEF LAYOUT, SADANANDA NAGAR, BENNIGANAHALLI, BANGALORE - 560 038, …RESPONDENTS
(BY MS. RASHI SINGH, ADVOCATE FOR SRI. MAHESH CHOWDHARY, ADVOCATE FOR R2;
RESPONDENTS 1 AND 3 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO RESPONDENT NOS.1 AND 2 TO ENSURE THAT THE RESPONDENT NO.3 DOES NOT OPERATE THE MANUFACTURING UNIT OR CARRY OR ANY ACTIVITY THAT IS VIOLATIVE OF THE ZONING REGULATIONS AT 457, 7TH MAIN ROAD NGFT LAYOUT, SADANANDA NAGAR, BANGALORE-560 038 AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC:17856-DB WP No. 33235 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)
Following is the prayer made in the present petition, which was highlighted by learned advocate for the petitioner,
"To direct Respondents No.1 and 2 to ensure that the Respondent No.3 does not operate the manufacturing unitor carry on any activity that is violative of the zoning regulations at 457, 7th main road NGFT Layout, Sadananda Nagar, Bengalore-560038."
2. Today, when the petition comes up for consideration learned advocate Ms. Rashi Singh for learned advocate Mr. Mahesh Chowdhary for respondent-Pollution Control Board tenders memo dated 16.04.2025. Memo is taken record and copy of the same is served to the learned advocate for the petitioner.
3. In the memo, the Pollution Control Board has stated as under:
"The counsel for the Respondent No. 2 most humbly submits that having received complaint from the Petitioner against Respondent No. 3
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NC: 2025:KHC:17856-DB WP No. 33235 of 2024
unit and after conducting an inspection, the Respondent No. 2 Board has accordingly issued the communication vide letter dated 12.07.2024 directing the Respondent No. 3 to stop its operation as the unit was operating in violation. A copy of the letter dated 12.07.2024 has been enclosed as Document No. 1 for the kind perusal of this Hon'ble Court."
4. In view of the above, since the Board has issued communication directing respondent No.2 to stop the operations of the unit, the prayer stands satisfied and nothing survives in the petition.
5. The petition is accordingly disposed of. In case of genuine difficulty, liberty to revive the petition is granted by filing an application.
Sd/- (N. V. ANJARIA) CHIEF JUSTICE
Sd/- (K. V. ARAVIND) JUDGE
SMJ List No.: 1 Sl No.: 35