- 1 - HC-KAR NC: 2025:KHC:47561-DB WP No. 32382 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH 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. 32382 OF 2025 (GM-POL) BETWEEN: 1. M/S BHUMI RUCHI FOODS BUILDING NO.FLAT NO.: No.188 A BLOCK, MEGHACITY LAYOUT SHESHGIRIHALLY VILLAGE MANCHANAYAKANAHALLI POST RAMANAGAR DISTRICT (NOW BANGALORE SOUTH DISTRICT) PIN CODE: 562109 REPT. BY ITS PROPRIETOR SMT. GOWRAMMA …PETITIONER (BY SRI SATHISHA K.B., ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA, No.49 CHURCH STREET BENGALURU - 560 001 BY ITS CHAIRMAN 2. SENIOR ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47561-DB WP No. 32382 of 2025 NO. 62/5, VADERAHALLI BENGALURU - MYSURU ROAD NEAR DC OFFICE RAMANAGARA - 562 159 3. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU - 560 001 4. EXECUTIVE ENGINEER BESCOM RAMANAGARA TALUK BANGALORE SOUTH DISTRICT - 562 159 …RESPONDENTS (BY SRI MAHESH CHOWDHARY A., 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 DIRECTION OR WRIT IN THE NATURE OF CERTIORARI TO SET ASIDE THE ORDER DATED 04.08.2025 BEARING No.PCB/ENF-CMPC/CLOSURE (WPC)/2025-26-108 VIDE ANNEXURE-A PASSED BY THE RESPONDENT No-2 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:47561-DB WP No. 32382 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. 2. The learned counsel appearing for the Karnataka State Pollution Control Board [KSPCB] accepts notice. 3. The petitioner has filed the present petition impugning a closure order dated 04.08.2025 issued under Section 33–A of the Water (Prevention & Control of Pollution) Act, 1974. 4. The petitioner is engaged in manufacturing of mixtures and savories which falls under the Small Green Category, from its unit located at address bearing No.188, Megacity Layout, Sheshagirihalli Village, Bidadi Hobli, Ramanagara Taluk & District. 5. The petitioner's unit was inspected and the closure orders were passed, in view of the observations made and the fact that the petitioner's unit was operating without any Consent for Operation [CFO]. - 4 - HC-KAR NC: 2025:KHC:47561-DB WP No. 32382 of 2025 6. It was observed that the unit was located in the middle of a residential area; no responsible person was available at the time of inspection to explain the process and submit the necessary documents; the measures for controlling air pollution from sources such as frying pans for preparing mixtures have not been provided; the unit did not provide for adequate discharge facilities for waste water/domestic effluent generated from the unit; the housekeeping unit, inside the working area, was not well maintained. 7. It is the petitioner's case that he is not operating from a residential area; he had obtained the necessary consent from the concerned Panchayat; it does not use any artificial colours or chemicals and he is preparing food stuffs from natural ingredients and edible materials. However, it is not in dispute that the petitioner would require the consent for carrying on its operations. In the aforesaid circumstances, we consider it apposite to dispose of the present petition with the following directions: i. That the petitioner shall apply for the necessary permissions, within a period of 04 weeks from date, after implementing the necessary measures that are required to ensure that the pollution - 5 - HC-KAR NC: 2025:KHC:47561-DB WP No. 32382 of 2025 caused by the petitioner's unit is within the prescribed limits; ii. That the KSPCB shall, on receipt of an application, process the same in accordance with law, as expeditiously as possible and preferably within the period of 4 weeks from the date of receipt of the application; iii. If the KSPCB is satisfied that the necessary measures have been taken for controlling the pollution within the prescribed limits, KSPCB shall issue the CFO within the time stipulated above; iv. If KSPCB finds that the necessary measures are not taken, they should communicate the same to the petitioner; v. Since it is the petitioner's case that it has not been using any chemicals or artificial material, but is engaged in making preparations from edible material, it is considered apposite to suspend the closure order for a period of six weeks from date; vi. If KSPCB is satisfied that necessary measures is taken, and CFO is issued, the impugned enclosure order would stand revoked automatically. However, if CFO is not issued by KSPCB within the said period on account of the - 6 - HC-KAR NC: 2025:KHC:47561-DB WP No. 32382 of 2025 petitioner not implementing necessary measures as mentioned above, the closure order would be operated. 8. The petition is accordingly disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE SD, List No.: 2 Sl No.: 12