- 1 - HC-KAR NC: 2025:KHC:22280-DB WP No. 14779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 14779 OF 2025 (GM-POL) BETWEEN: M/S JAYALAKSHMI ENTERPRISES, PROPRIETORSHIP CONCERN, HAVING ITS OFFICE AT NO. 406 & 407, KIADB SOMPURA INDUSTRIAL AREA DABASPET, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562 123. REP. BY ITS PROPRIETRIX SMT. ASHWINI D, W/O DEVARAJ, MOB: 8310977573 EMAIL:ABHISHEKDEVARAJ7718@GMAIL.COM …PETITIONER (BY SRI RAKESH B BHATT, ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD, "PARISARA BHAVAN", 1ST TO 5TH FLOOR, #49, CHURCH STREET, BANGALORE, KARNATAKA-560 001. REP. BY ITS CHAIRMAN. 2. SENIOR ENVIRONMENTAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD, BENGALURU, "PARISARA BHAVAN", 1ST TO 5TH FLOOR, NO. 49, CHURCH STREET, BANGALORE, KARNATAKA-560 001. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22280-DB WP No. 14779 of 2025 REP. BY ITS CHAIRMAN. 3. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU-562 110. …RESPONDENTS (BY MS. RASHI SINGH, ADVOCATE FOR MR. A MAHESH CHOWDHARY, ADVOCATE FOR R-1 & 2; MS. NILOUFER AKBAR, AGA FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER AND QUASH CLOSURE DIRECTION BEARING No. PCB/SEO-ENF- CNP/CLOUSURE (WPC)/2024-25/391 DATED 28.03.2025 ISSUED BY 1ST RESPONDENT (ANNEXURE-G) ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) This petition has been filed with the following prayers: "a) Issue a writ of Certiorari or any other writ or order and quash Closure direction bearing No.PCB/SEO- ENF-CMP/Closure (WPC)/2024-25/391 dated 28.03.2025 issued by 1st Respondent (Annexure G) - 3 - HC-KAR NC: 2025:KHC:22280-DB WP No. 14779 of 2025 b) Issue a writ of Certiorari or any other writ or order and quash Closure direction bearing No.PCB/SEO- ENF-CMP/Closure (APC)/2024-25/392 dated 28.03.2025 issued by 1st Respondent (Annexure H) c) Consequently, Issue writ of certiorari or any other writ or order and quash the Official Memorandum bearing E Comp No.673856 File No.BRDC- JUDI0MAG1/149/2025 dated 15.04.2025 issued by 3rd respondent. (Annexure J) d) Pass such other order as this Hon'ble Court deems fit in the interest of justice." 2. The grievance of the petitioner is that the respondents have directed the closure of the petitioner concern under Section 33(A) of the Water (Prevention and Control of Pollution) Act, 1974 and also under the provisions of Section 31(A) of AIR (Prevention and Control of Pollution) Act, 1981 and the Rules made there under. 3. The only point urged by the learned counsel for the petitioner is that the principles of natural justice have been violated before the orders at Annexures-G and H dated 28.03.2025 were passed. 4. Learned counsel for the respondents would submit that the petitioner concern was operating without - 4 - HC-KAR NC: 2025:KHC:22280-DB WP No. 14779 of 2025 taking prior approval for establishment and operation and as such the action was taken. 5. This fact is not seriously contested by the learned counsel for the petitioner. Rather he states that the petitioner shall apply with the respondents for necessary approvals, within one week from today. 6. Learned counsel for the respondents states that if such application is made, the same shall be considered as expeditiously as possible preferably within six weeks from the date of receipt of the application. On this submission of the learned counsel for respondents the learned counsel for the petitioner states that the petition be disposed of. It is ordered accordingly. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 2