- 1 - NC: 2025:KHC:3184 WP No. 23302 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 23302 OF 2022 (LB-BMP) BETWEEN: 1. SRI. VENKATESH ALIAS JAYA PRAKASH S/O LATE V CHIRANJIVI MURTHY AGED ABOUT 53 YEARS R/A NO.15, IST MAIN ROAD 2ND CROSS, MARIYAPPANA PALYA NAGADEVANAHALLI, SHIVU LAYOUT KENGERI, BANGALORE-560 056. …PETITIONER (BY SMT. Y P VIJAYA VASANTHA KUMARI., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY URBAN DEVELOPMENT DEPARTMENT MULTI STORIED BUILDING BANGALORE-560 001. 2. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED (BESCOM), REPRESENTED BY ITS CHIEF ENGINEER K-4, SUB DIVISION BESCOM, KENGERI BANGALORE-560 060. 3. BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED REPRESENTED BY ITS EXECUTIVE ENGINEER (COMMERCIAL WORK AND MAINTAINANCE) BESCOM, K-4 SUB DIVISION Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3184 WP No. 23302 of 2022 R LAYOUT, BANGALORE-560 056. 4. THE HEALTH OFFICER OFFICE OF MEDICAL OFFICER OF HEALTH BRUHAT BANGALORE MAHANAGARA PALIKE RAJARAJESHWARI NAGARA ZONE KENGERI DIVISION BANGALORE-560 060. 5. POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN/ MEMBER SECRETARY NO.49, PARISARA BHAVANA CHURCH STREET, M G ROAD BANGALORE-560 001. 6. OFFICE OF THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION BOARD BANGALORE CITY SOUTH IST FLOOR, NISARGA BHAVAN 7TH D MAIN, THIMMAIAH ROAD SHIVAJINAGAR, BANGALORE-560 079. 7. SRI NAGARAJU N S/O LATE NARASIMHAIAH AGED ABOUT 65 YEARS R/A NO.16, IST MAIN, 2ND CROSS, SHIVU LAYOUT, MARIYAPPANAPALYA GNANABHARATHI POST BANGALORE-560 056. 8. SRI R VIJAYA KUMAR S/O P RAMASWAMY AGED ABOUT 61 YEARS R/A NO.14, IST MAIN, 2ND CROSS, SHIVU LAYOUT MARIYAPPANAPALYA GNANABHARATHI POST BANGALORE-560 056. …RESPONDENTS - 3 - NC: 2025:KHC:3184 WP No. 23302 of 2022 (BY SMT. SPOORTHI V, HCGP FOR R1; SRI. H V DEVARAJU, ADVOCATE FOR R2 & R3; SRI. K S MALLIKARJUNA REDDY, ADVOCATE FOR R4; SMT. ANITHA, ADVOCATE FOR SRI. SREENIDHI LINGAPPA, ADVOCATE FOR R7 & R8; R5 & R6 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 14.10.2022 ISSUED BY THE R4 PRODUCED AT ANNEXURE-A BY ISSUING A WRIT OF CERTIORARI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This Writ Petition is filed challenging an endorsement issued by the Corporation calling upon the petitioner to stop engaging in her trade work-silk twisting and to shift her business elsewhere. 2. This order has emanated on the basis of a complaint lodged by respondents No.7 and 8, who are the neighbours of the petitioner and according to the petitioner, close relatives of the petitioner. - 4 - NC: 2025:KHC:3184 WP No. 23302 of 2022 3. The respondent No.7 has, in fact, filed Annexure-R4, a report by the Karnataka State Pollution Control Board in which it is stated as follows – “3. ªÀÄÄAzÀĪÀjzÀAvÉ, ¹¯ïÌ lé¸ÀÖAUï ZÀlĪÀnPÉAiÀÄ PÉÃAzÀæ ªÀiÁ°£Àå ¤AiÀÄAvÀæt ªÀÄAqÀ½AiÀÄ ªÀVÃðPÀgÀtzÀ C£ÀéAiÀÄ ©½ ¥ÀæªÀUÀðPÉÌ ªÀVÃðPÀj¸À¯ÁVzÀÄÝ, ªÀÄAqÀ½AiÀÄ PÁgÀå ªÁå¦ÛUÉ §gÀĪÀÅ¢®è. C®èzÉÃ, ¹¯ïÌ lé¹éAUï WÀlPÀzÀ ªÀiÁ°ÃPÀgÀÄ w½¹zÀAvÉ ¸ÀzÀj WÀlPÀPÉÌ ©©JA¦AiÀÄ ªÀw¬ÄAzÀ ¥ÀgÀªÁ¤UÉ ¤ÃqÀ¯ÁVzÉ.” 4. As could be seen from the above, the Karnataka State Pollution Control Board has stated that the trade of silk twisting comes within the ‘white category’ and does not come within the ambit of the Board. It is, therefore, obvious that the business carried on by the petitioner cannot be termed to be violative of any laws of the pollution control. I am, therefore, of the view that the impugned order cannot be sustained and the same is accordingly quashed. This Writ Petition is, accordingly, allowed. - 5 - NC: 2025:KHC:3184 WP No. 23302 of 2022 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 50