- 1 - HC-KAR NC: 2025:KHC:32831 WP No. 2450 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.2450 OF 2025 (LB-RES) BETWEEN: 1. MR. GANGADHARA UDUPA S/O RAMAKRISHNA UDUPA AGED ABOUT 47 YEARS, 2. SMT. PREMA LAKSHMAN KULAL, W/O LAXMAN KULAL, AGED ABOUT 48 YEARS, BOTH RESIDING AT NEAR MANIGERI CHIKKA DEVASTANA, HARDALLI-MANDALLI VILLAGE-576 222, KUNDAPURA TALUK, UDUPI DISTRICT. …PETITIONERS (BY SRI. SANGAMESH, ADVOCATE FOR SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER UDUPI DISTRICT RAJATHADRI MANIPAL-576 104 UDUPI. 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH UDUPI-576 104 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32831 WP No. 2450 of 2025 UDUPI DISTRICT. 3. THE ENVIRONMENT OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD REGIONAL OFFICE PARISARA BHAVANA, NO.36/C, SHIVALLI INDUSTRIAL AREA, MANIPAL, UDUPI-576 104. 4. THE PANCHAYATH DEVELOPMENT OFFICER HARDALLI-MANDALLI GRAMA PANCHAYATH, POST: HARDALLI MANDALLI VILLAGE-576 222 KUNDAPURA TALUK UDUPI DISTRICT. 5. MEDICAL OFFICER, PRIMARY HEALTH CENTRE, BIDKALKATTE-576 222 KUNDAPURA TALUK UDUPI DISTRICT. 6. MR. UDAYA S/O PARVATHI SHEDTHI AGED ABOUT 48 YEARS HARDALLI KELAMANE HARDALLI-MANDALLI VILLAGE-576 222, KUNDAPURA TALUK, UDUPI DISTRICT. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R.1; SRI. ASHOK N. NAIK, ADVOCATE FOR R.4 AND R.5; SRI PAWAN KUMAR, ADVOCATE FOR SRI H. DEVENDRAPPA, ADVOCATE FOR R.3; SMT. JYOTHI K., ADVOCATE FOR SRI G.S. PRASANNA KUMAR, ADVOCATE FOR R.6.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE - 3 - HC-KAR NC: 2025:KHC:32831 WP No. 2450 of 2025 RESPONDENT NO.4 TO CLOSE THE POULTRY FARM RUN BY THE RESPONDENT NO.6 ON THE PREMISES IN SY.NO.28/8 OF HARDALLI MANDALLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT, ETC. THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Respondent No.6 is said to be running a poultry farm on a property which is adjacent to the property of the petitioners. On the ground that the same is being run illegally without obtaining necessary permissions, the present writ petition is filed with the following prayers: "a) Direct the Respondent No.4 to close the Poultry Farm run by the Respondent No.6 on the premises in Sy.No.28/8 of Hardalli Mandalli village, Kundapura Taluk, Udupi District. b) Direct the Respondent No.4 not to issue any license to a poultry farm to the Respondent No.6 without strict compliance of the guidelines to run the poultry farm issued by the Karnataka State Pollution Control Board. - 4 - HC-KAR NC: 2025:KHC:32831 WP No. 2450 of 2025 c) Direct the Respondents 2 to 5 to take immediate action for compliance of the guidelines issued under the Karnataka Pollution Control Act in running the poultries. d) Grant such other reliefs as this Hon'ble court deems fit to grant." 2. On 03.02.2025, this Court directed respondent no.3 to conduct a spot inspection after due notice to respondent no.6 and submit a report regarding running of the poultry farm. 3. Respondent No.3 has filed a report dated 28.02.2025 which reveals that all the necessary permissions are not taken. 4. In response to the same, the counsel for respondent no.6 submits that respondent no.6 may be permitted to apply for fresh licenses and permissions in accordance with law and obtain the same and thereafter run a poultry farm. Her submission is placed on record. Hence, the following: - 5 - HC-KAR NC: 2025:KHC:32831 WP No. 2450 of 2025 ORDER Respondent No.6 is hereby directed to operate the poultry farm only after obtaining all the necessary permissions in accordance with law from the concerned authorities and not otherwise. If any application is already made or is going to be made by respondent no.6, the same shall be considered by the authorities concerned on merits, without being influenced by any of the observations made hereinabove. It is needless to state that if under law, the petitioners are required to be heard, the authorities concerned shall hear the petitioners and only thereafter consider the request of respondent No.6. The writ petition stands disposed of accordingly. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 61