- 1 - HC-KAR NC: 2025:KHC:42478-DB WP No. 32017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 32017 OF 2025 (GM-POL) BETWEEN: 1. M/S. MAITI DIE POINT PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT NO. 13 APPURAY APPA LANE SIDDANNA LANE, CUBBONPET BENGALURU - 560 002 REPRESENTED BY ITS DIRECTOR MS. PINKU MAITI …PETITIONER (BY SRI S. RAJENDRA, ADVOCATE) AND: 1. THE CHAIRMAN THE KARNATAKA STATE POLLUTION CONTROL BOARD HAVING ITS OFFICE AT #49 "PARISARA BHAVAN" 1ST TO 5TH FLOOR, CHURCH STREET BENGALURU - 560 001. 2. SENIOR ENVIRONMENTAL OFFICER THE KARNATAKA STATE POLLUTION CONTROL BOARD HAVING ITS OFFICE AT "NISARAGA BHAVAN" WEST WING, SANEGORAVANAHALLI THIMMAIAH ROAD 7TH D CROSS Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:42478-DB WP No. 32017 of 2025 SHIVAJINAGAR OPPOSITE PUSHPANJALI THEATRE BENGALURU - 560 010. 3. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU - 560 001. 4. MANAGING DIRECTOR BENGALURU ELECTRICITY SUPPLY COMPANY LTD. HAVING ITS OFFICE AT K.R. CIRCLE BENGALURU - 560 001. 5. THE EXECUTIVE ENGINEER BENGALURU ELECTRICITY SUPPLY COMPANY LTD. HAVING ITS OFFICE AT KRUSHI BHAVAN NRUPATHUNGA ROAD BENGALURU - 560 002. 6. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU ELECTRICITY SUPPLY COMPANY LTD. HAVING ITS OFFICE AT KRUSHI BHAVAN NRUPATHUNGA ROAD BENGALURU - 560 002. …RESPONDENTS (MS. RASHI SINGH, ADVOCATE FOR SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 & 2, SMT. NILOUFER AKBAR, AGA FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION QUASHING THE CLOSURE ORDER DATED 31.07.2025 (ANNEXURE-E) PASSED BY RESPONDENT AUTHORITIES & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:42478-DB WP No. 32017 of 2025 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. Ms. Rashi Singh, learned counsel appearing for Mr.A. Mahesh Chowdhary, learned counsel accepts notice for respondent Nos.1 and 2. 2. With the consent of the learned counsel, the present petition is taken up. 3. The petitioner is a private company and claims that it is engaged in the business of manufacturing artisanal jewellery support activities involving die cutting. The petitioner claims that the said activity primarily consists of designing, shaping and engraving jewellery components using mechanical tools and precision equipment. The petitioner states that the said activity does not entail any melting, refining or use of any chemical treatment of precious metals. The activity is entirely mechanical in nature and produces no effluents, fumes, air or water pollutants. The petitioner claims that it has installed machinery for creating various shapes, - 4 - HC-KAR NC: 2025:KHC:42478-DB WP No. 32017 of 2025 dies and moulds and upon requests of customers or fellow artisans, the petitioner prepares the designs by placing material in a machine and mechanically pressing them in requisite forms. 4. It is the petitioner's case that it did not receive any notice from the Karnataka State Pollution Control Board [KSPCB] and was shocked to receive the order dated 31.07.2025 directing closure of its unit under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981 read with Rule 20(A) of the Karnataka Air (Prevention and Control of Pollution) Rules, 1983. The petitioner also contends that although the said order was passed in July, it was communicated after the delay of one month. Pursuant to the said order being communicated on 13.09.2025, electricity connection to the petitioner's rented premises has been disconnected and its business has been effectively closed. In the aforesaid circumstances, the petitioner has filed the present petition impugning the order 31.07.2025. 5. The impugned order indicates that an attempt to inspect the petitioner's premises was made. However, the same was found locked and the officials of KSPCB were not permitted to inspect the said premises. This is stoutly disputed by the petitioner. - 5 - HC-KAR NC: 2025:KHC:42478-DB WP No. 32017 of 2025 6. As noted above, the petitioner claims that no inspection was conducted. It is apparent that the petitioner has not been heard before passing the impugned order. We do not propose to examine the controversy whether in fact an attempt to inspect the petitioner's premises was made at the material time. However, since it is not disputed that the petitioner has not been heard, we consider it apposite to pass the following directions: (i) The impugned order dated 31.07.2025 is set aside. The same would be considered as a show cause notice. (ii) The averments made in the present petition shall be considered as a response to the aforesaid show cause notice. The petitioner is at liberty to furnish any further information as the petitioner considers relevant, within a period of three working days. (iii) The officials of the KSPCB may conduct a fresh inspection within a period of two weeks from date. The KSPCB shall consider the petitioner's response and pass an appropriate order. (iv) In the event an adverse order is proposed to be passed, the petitioner shall be afforded an opportunity to be heard. - 6 - HC-KAR NC: 2025:KHC:42478-DB WP No. 32017 of 2025 (v) In the event, it is found that the petitioner requires to obtain a consent to operate [CTO] under the relevant statutes, the petitioner is at liberty to make an application for the same. (vi) In the event the petitioner makes an application for CTO, the same shall be considered in accordance with law. (vii) The electricity connection provided to the petitioner shall be restored forthwith till a fresh order is passed by the KSPCB. 7. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 12