- 1 - HC-KAR NC: 2025:KHC:37939-DB WP No. 28401 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 28401 OF 2025 (GM-POL) BETWEEN: 1. R. D. RAJANNA S/O. DASAPPA AGED 54 YEARS R/A RAJANAKUNTE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU - 560 064 …PETITIONER (BY SRI. B RAMESH, ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD HEAD OFFICE:- PARISARA BHAVAN NO.49, CHURCH STREET HATIDEVPUR, SHANTHALA NAGAR ASHOK NAGAR BENGALURU - 560 001 REP. BY ITS. CHAIRMAN 2. KARNATAKA STATE POLLUTION CONTROL BOARD REGIONAL OFFICE - DASRAHALLI URBAN ECO PARK, 1ST FLOOR Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37939-DB WP No. 28401 of 2025 100 FEET ROAD 3RD PHASE PEENYA INDUSTRIAL AREA BENGALURU - 560 058. REP. BY ITS REGIONAL OFFICER 3. SENIOR REGIONAL OFFICER REGIONAL OFFICE - DASRAHALLI URBAN ECO PARK, 1ST FLOOR 100 FEET ROAD 3RD PHASE PEENYA INDUSTRIAL AREA BENGALURU - 560 058 REP. BY ITS REGIONAL OFFICER 4. THE TAHSILDAR YELAHANKA TALUK YELAHANKA BENGALURU - 560 064 5. SAI EDUCATIONAL TECHNICAL COLLEGE R/A. RAJANAKUNTE HESARAGHATTA HOBLI YELAHANKA TALUK BENGALURU - 560 064 REP. BY ITS PRINCIPAL 6. SRINIVASA RAJU S/O. N. R. RAJU AGED 56 YEARS R/A. SY NO.38/39 BOODIHALA VILLAGE KASABA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PIN - 562 110 …RESPONDENTS (SRI MAHESH CHOWDHARY, ADVOCATE FOR R-1 & 2 SMT. NILOUFER AKBAR, AGA FOR R-4) - 3 - HC-KAR NC: 2025:KHC:37939-DB WP No. 28401 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT BOARD TO CONSIDER THE REPRESENTATION DATED 30.06.2025 WHICH IS PRODUCED AND MARKED AS ANNEXURE-'F' AND TAKE APPROPRIATE ACTION AGAINST RESPONDENT No. 6 & 7 FROM STOPPING CONSTRUCTION OF STP IN THE PROPERTY BEARING Sy. No. 48/3 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, inter alia, praying as under: "a. Issue a writ in the nature of mandamus by directing the respondent board to consider the representation dated 30.06.2025 which is produced and marked as ANNEXURE-'F' and take appropriate action against respondent No.6 & 7 from stopping construction of STP in the property bearing Sy. No.48/3. b. Issue a writ in the nature of mandamus by directing the respondent board by proceeding to take action in terms of the letter dated 10.07.2025 which is produced and marked as ANNEXURE-'G' bearing No.SAN/ MAA.NI.MUM/ PA.AA/PRAA.AA- DAASARAHALLI/DHURU/2025-26/238. - 4 - HC-KAR NC: 2025:KHC:37939-DB WP No. 28401 of 2025 c. Issue writ in the nature of mandamus to direction directing the respondent Tahsildar to consider the representation dated 21.06.2025 and 26.06.2025 submitted by the petitioner which is produced and marked as ANNEXURE-'E1' AND 'E2' forthwith. d. To pass such other orders this Hon'ble court deems fit to be granted in the facts and circumstances of the case, in the interest of justice." 2. The petitioner states that he is carrying on agricultural activities on his land which is adjacent to the property falling in Survey No. 48/3. The petitioner is aggrieved by the construction of a Sewage Treatment Plant [STP] by respondent Nos.5 and 6 in the land falling in Survey No. 48/3. It is stated that an educational institution has been established on the subject land and hostels for students have been constructed. The petitioner contends that the construction of an STP is unauthorised and would prejudicially affect the petitioner. 3. Considering the submission that there is a residential educational institution already established, it is obvious that if the said institution has to function, then an STP would be required to ensure that there is no pollutants discharged into the environment from the said institution. In the aforesaid circumstance, there could be no grievance insofar as construction of STP is concerned. - 5 - HC-KAR NC: 2025:KHC:37939-DB WP No. 28401 of 2025 4. The learned counsel appearing for respondent No.1 - the Karnataka State Pollution control Board [KSPCB] submits that a show-cause notice dated 21.08.2025 has already been issued to the Principal of Sai Vidya Institute of Technology, which the learned counsel for the petitioner informs that is the same as Sai Educational Technical College (respondent No.5). 5. A copy of the show-cause notice has been handed over to this Court which indicates that the KSPCB has called upon the addressee to provide information and documents regarding construction of the STP. Thus, it is apparent that respondent No.1- KSPCB is taking steps to ensure that necessary provisions of the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 have been duly complied with. 6. Clearly, the petitioner cannot raise any grievance regarding construction of an STP plant, which is required to ensure that pollutants are not discharged into the environment. 7. In the aforesaid view, no further orders are required to be passed. It is expected that respondent No.1 will continue the - 6 - HC-KAR NC: 2025:KHC:37939-DB WP No. 28401 of 2025 proceedings to ensure that the provisions in the relevant statutes are complied with. 8. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 20