- 1 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 25562 OF 2025 (GM-RES) BETWEEN: SRI. M. SRINIVAS, S/O LATE MUNINANJAPPA, AGED 65 YEARS, R/AT NO.5, CORPORATION MARKET, V.V.PURAM, BENGALURU-560 004 …PETITIONER (BY SRI. M.B.CHANDRA CHOODA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO GOVERNMENT, DEPT. OF REVENUE M.S. BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE KARNATAKA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE, NISARGA BHAVANA, 1ST FLOOR, D-MAIN ROAD, THIMMAIAH ROAD, BENGALURU SOUTH, SHIVANAGARA, BENGALURU-560 079. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 3. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K.G.ROAD, BENGALURU-560 009. 4. THE TAHASILDAR, BENGALURU SOUTH TALUK, K.G.ROAD, BENGALURU-560009. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA TPRAYING TO I) QUASH THE SEIZURE MAHAZAR DATED 12/08/2025 CONDUCTED PURSUANT TO NOTIFICATION DATED 11/08/2025 BEARING NO.MAG(CR) 12/2024-25, BY THE TAHASILDAR, BENGALURU SOUTH TALUK, IN RESPECT OF SY.NO.26/1 OF THAGACHAGUPPE VILLAGE, AND SY.NO.11 AND 51/1 OF GUDIMAVU VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK, VIDE ANNEXURE-B, BY ISSUE OF CERTIORARI; II) ISSUE DIRECTION, DIRECTING THE RESPONDENTS 2, 3 AND 4 TO CONSIDER THE REPRESENTATION DATED 14/08/2025 VIDE ANNEXURES-C, D AND E RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner is an artisan and he asserts that he makes his livelihood crafting eco-friendly Gowri and Ganesha idols using clay, paper and other bio- degradable material [eco-friendly idols] and that even his forefathers have been artisans. The petitioner is aggrieved by the fourth respondent's decision to seal his premises purportedly because the petitioner has stocked idols made using plaster of paris [P.O.P. Idols]. Sri M.B.Chandra Chooda, the learned counsel for the petitioner, fairly submits that the petitioner for the current season has only ensured that the idols are eco-friendly, but there are certain other P.O.P. Idols and that this Court must intervene to permit the petitioner, lest his livelihood be affected, to open the premises to only sell eco- friendly Idols - 4 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 with appropriate direction to the fourth respondent to dismantle, at the petitioners cost, P.O.P. Idols. Sri Shamanth Naik, a learned High Court Government Pleader, is heard in the light of the afore. This Court is of the opinion that if the petitioner, for reasons, has in his custody P.O.P. Idols, but has crafted eco-friendly idols, the entire premises cannot be under seal and it would be just and proper for the fourth respondent to dismantle the P.O.P. Idols as now stated by Sri M.B.Chandra Chooda at the petitioner's cost and permit the use of eco-friendly Idols. Hence the following ORDER The petition is allowed directing the fourth respondent to break open the seal and to dismantle the POP idols in the petitioner's premises at the petitioner's cost and ensure - 5 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 measures are taken that the petitioner deals only with the eco-friendly idols. SD/- (B M SHYAM PRASAD) JUDGE NV List No.: 2 Sl No.: 29 - 6 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SRI. M. SRINIVAS VS. THE STATE OF KARNATAKA, AND OTHERS] 23.08.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER ON 'FOR BEING SPOKEN TO' This petition is listed 'for being spoken' with Mr. M B Chandra Chooda, the learned counsel for the petitioner, submitting that notwithstanding this Court's positive direction to the jurisdictional Tahsildhar [the fourth respondent] to break open the seal and dismantle the POP idols at the petitioner's cost and ensure measures are taken by the petitioner to deal only with eco friendly idols, the premises continues to be under lock. Mr. Rahul Cariappa, the learned Additional Government Advocate, submits that Ms. Ashwini G, the jurisdictional Tahsildhar is present and his instructions are that the petitioner has in his premises thousands of idols, eco friendly idols are not - 7 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 easily ascertainable, and therefore, this Court must make necessary provision to ensure that the POP idols are not sold. Ms. Rashi Singh, the learned counsel who seeks leave to appear for the second respondent on behalf of Mr A Mahesh Chaudhary, submits on instructions from Ms. Sunitha P, the Environmental Officer that the Guidelines for enforcement against POP idols are in view of this Court's order dated 19.06.2024 in the writ petition in W.P. No.15823/2024 and to ensure that the offending POP idols are not sold. Echoing the submissions by Mr. Rahul Cariappa, a learned Additional Government Advocate, who states that most of the idols are chemically treated. In rejoinder, Mr. M.B. Chandra Chooda submits that there are about total 4,560 idols out of which 1,200 are POP idols, 800 are Paper idols, 60 fiber figurines and 2,500 eco friendly idols. - 8 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 This Court must opine that this Court's directions in the order dated 21.08.2025 does not call for any interference, but it is about the procedure that is to be followed both by the jurisdictional Tahsildhar and the Environmental Officer to ensure that there is strict compliance with this Court's directions. This Court could later pass orders on how the POP and the other offending idols are to be dealt with, but for the present, with the approaching festival season, there must be a reasonable effort to ensure that the petitioner is able to deal with what are "obviously eco friendly idols". The learned counsels are heard in this regard, and hence, the following order in continuation of this Court's order dated 21.08.2025. ORDER [a] The Tahsildhar shall ensure that the petitioner's premises is opened for the Environmental Officer for inspection and - 9 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 identification of those idols which are "obviously eco friendly". [b] The Tahsildhar shall ensure that the petitioner is at liberty to deal with the obviously eco friendly idols as identified by the Environmental Officer and that every other idol is under appropriate restrictions. [c] It is needless to observe that the Tahsildhar, as the Executive Magistrate, must exercise every such power, as is available in law, including calling for necessary assistance by the Police, if there is to be any need for the same. [c] The Environmental Officer and the Tahsildhar, who are present, are instructed to ensure that this exercise is begun and completed by the end of 24.08.2025. - 10 - HC-KAR NC: 2025:KHC:32691 WP No. 25562 of 2025 The office is directed to re-list this petition on 28.08.2025 as part of the First List. SD/- (B M SHYAM PRASAD) JUDGE AN/- List No.: 1 Sl No.: 2