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2025 DAILYLAW 75038 (KAR)

M.S.TRADERS v. KARNATAKA STATE POLLUTION CONTROL BOARD

WP/33758/2025 · 2025-11-20

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47929-DB WP No. 33758 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 33758 OF 2025 (GM-POL) BETWEEN: 1. M.S. TRADERS SHAH MANZIL NEAR BEST COACHING CLASSES DOOR No.1174, 29TH WARD RAJEEV NAGAR HOSPET - 583 203 DISTRICT: BELLARY REPRESENTED BY ITS PROPRIETOR SAKHAWAT ALI SHA S/O ASGAR ALI SHAH AGE: 51 YEARS, R/O #1174, BLOCK No.01, 29TH WARD, RAJIV NAGAR 1ST CROSS, HOSPETH, DISTRICT: BELLARY …PETITIONER (BY SRI PRAVEEN KUMAR G.S., ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN PARISARA BHAVAN 1ST TO 5TH FLOOR, No.49, CHURCH STREET BENGALURU - 560 001 Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47929-DB WP No. 33758 of 2025 2. KARNATAKA STATE POLLUTION CONTROL BOARD ZONAL OFFICE BELLARY SY. No. 597 P, WARD No.25 4TH MAIN, BELLARY - 583 104 3. REGIONAL OFFICE KARNATAKA STATE POLLUTION CONTROL BOARD No. 9/7/680/30 A, BT PATIL NAGAR NEAR FOCUS MART KOPPAL - 583 231 4. SENIOR ENVIRONMENTAL OFFICER MINES AND METALLURGY SECTION KARNATAKA STATE POLLUTION CONTROL BOARD ZONAL OFFICE VIJAYANAGARA SHRI SAI SHARAN PLAZA, DAM ROAD HOSPET, VIJAYANAGARA - 583 203 5. MANJAPPA S/O KARIYAPPA MUDDI R/O WARD No.02 HITHNAAL, TALUK AND DISTRICT: KOPPAL - 583 234 …RESPONDENTS (BY SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 23/10/2025 PASSED BY RESPONDENT NO.4 BEARING NO.PCB/05/SEO/MIN/2025-26/359 VIDE ANNEXURE-K & ETC. - 3 - HC-KAR NC: 2025:KHC:47929-DB WP No. 33758 of 2025 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. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner in the present petition impugns the closure order dated 23.10.2025 issued by the Karnataka State Pollution Control Board under Section 33-A of the Water (Prevention and Control of Pollution) Act, 1974 read with Rule 34 of the Karnataka State Board for Prevention and Control of Water Pollution (Procedure for Transaction of Business) and Water (Prevention and Control of Pollution) Rules, 1976. 2. The petitioner has a statutory remedy of an appeal before the National Green Tribunal under Section 33-B of the Water (Prevention and Control of Pollution) Act, 1974 as well as under Section 16(c) of the National Green Tribunal Act, 2010. - 4 - HC-KAR NC: 2025:KHC:47929-DB WP No. 33758 of 2025 3. Since an efficacious alternate remedy is available to the petitioner, we do not consider it apposite to consider the present petition. The petition is accordingly disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 2 Sl No.: 4