- 1 - HC-KAR NC: 2025:KHC:34868 WP No. 19465 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 19465 OF 2025 (GM-RES) BETWEEN: 1. SRI.S.MUNIKRISHNAPPA S/O. LATE SONNAPPA AGED ABOUT 56 YEARS 2. SRI M. B. RAVI S/O LATE BYRAPPA AGED ABOUT 55 YEARS BOTH ARE RESIDING AT MUTHUR VILLAGE MALLUR POST, SIDDLAHATTA TALUK CHIKKABALLAPURA DISTRICT PIN- 562102 …PETITIONERS (BY SRI. CHOWDAREDDY T. M..,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, VIKASA SOUDHA, BENGALURU 560 001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34868 WP No. 19465 of 2025 2. THE DEPUTY COMMISSIONER, CHICKKABALLAPUR DISTRICT, CHICKKABALLAPUR-562 101. 3. THE TAHASILDAR SIDDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT-562102 4. THE KARNATAKA STATE POLLUTION CONTROL BOARD, REGIONAL OFFICE CHIKKABALLAPURA HOUSE NO. 70862, 4TH DIVISION HS GARDEN NEAR SIR M.V. STADIUM CHIKKABALLAPURA AT AND POST PIN- 562101. 5. THE KARNATAKA STATE POLLUTION CONTROL BOARD, 3RD FLOOR, THIMMAIAH ROAD, 2ND 'D' MAIN ROAD, SHIVANAGAR, BENGALURU- 560 079, BY ITS MEMBER SECRETARY. 6. THE PANCHAYATI DEVELOPMENT OFFICER MALLUR GRAM PANCHAYATI MALLUR AT AND POST SIDDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT- 562101 7. M/S. RSK INFRASTRUCTURE (HOT MIX PLANT), BY ITS PROPRIETOR - SRI CHANDRASHEKAR, AND 331/2, MUTHUR VILLAGE, MALLUR POST SIDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT- 562102 - 3 - HC-KAR NC: 2025:KHC:34868 WP No. 19465 of 2025 …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3; MS. RASHI SINGH, ADVOCATE FOR SRI. MAHESH CHOUDARY, ADVOCATE FOR R4 & R5; SRI. E. I. SANMATHI, ADVOCATE FOR R7; R6 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION DIRECTING THE RESPONDENTS TO CONSIDER THE VARIOUS REPRESENTATIONS OF THE VILLAGERS INCLUDING THE REPRESENTATIONS DATED 29.03.2025 AND 02.04.2025 COPIES OF WHICH ARE PRODUCED AT ANNEXURES-K AND L RESPECTIVELY, AND THE LETTER DATED 29.05.2025 ALONG WITH RESOLUTION OF GRAM PANCHAYATI, MALLUR COPY OF WHICH IS PRODUCED AT ANNEXURE-Q AND STOP THE OPERATION OF HOT MIX PLANT IN THE NAME AND STYLE RSK INFRASTRUCTURE PRIVATE LIMITED IN SY.NO.331/1 AND 331/2 OF MUTHUR VILLAGE, FORTHWITH AND PASS SUCHOTHER ORDER OR ORDERS AS THIS HONBLE COURT MAY DEEM FIT IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR FRESH MATTERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2025:KHC:34868 WP No. 19465 of 2025 ORAL ORDER The petitioners are owners of certain agricultural lands in Muthur Village, Sidlaghatta Taluk, Chikkaballapura District, and the petitioners are aggrieved because their different representations to the fourth and fifth respondents to stop the seventh respondent from running a Hot Mix Plant in their adjacent land is not considered. This Court has called upon these respondents to answer the petitioners' case, and in response, certain documents are placed. 2. If Mr. T. M. Chowda Reddy, the learned counsel for the petitioners, submits that this Court must not direct the Authorities to stop the seventh respondent from operating this Hot Mix Plant, Ms. Rashi Singh, the learned counsel, who appears for the fourth and fifth respondents, submits that (a) in consideration of the petitioners' different representations, notices are issued to the seventh - 5 - HC-KAR NC: 2025:KHC:34868 WP No. 19465 of 2025 respondent, (b) a personal hearing is also extended, (c) it is ascertained that the seventh respondent has set up the afore plant only for operating it for eleven months being associated with the execution of road work, and (d) the fifth and the sixth respondents have issued directions to the seventh respondent to stop all operations until the requisite clearances and consents for establishment and operation are obtained. When queried, the learned counsel is categorical that the seventh respondent has stopped operations. 3. In rejoinder, Mr. T M Chowda Reddy submits that the petition could be disposed of with suitable directions to the fourth and the fifth respondents to ensure that the seventh respondent does not commence operations without the different approvals, including the consent for establishment and operation. Mrs. Navya Shekhar, the learned - 6 - HC-KAR NC: 2025:KHC:34868 WP No. 19465 of 2025 Additional Government Advocate, is also heard in the light of these circumstances. 4. This Court is of the considered view that the action taken by the fourth and the fifth respondents, though belated, must redress the petitioners' grievance and the petition must be disposed of but calling upon them to ensure that the seventh respondent does not, unless all the approvals and consents in place, does not recommence the operations of the Hot Mix Plant and they must also be called upon to take appropriate action to stop if the seventh respondent attempts to recommence without the approval and consent as aforesaid. The petition stands disposed of with directions accordingly. SD/- (B M SHYAM PRASAD) JUDGE RB