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2025 DAILYLAW 83779 (KAR)

TANISHQA ENTERPRISES v. KARNATAKA STATE POLLUTION CONTROL BOARD

WP/33760/2025 · 2025-11-20

C M Poonacha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:47927-DB WP No. 33760 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. 33760 OF 2025 (GM-POL) BETWEEN: 1. TANISHQA ENTERPRISES M.B. NO.8/2116 BESIDE LIC OFFICE, NH 63 HOSPET ROAD, KOPPAL - 583231 REPRESENTED BY ITS PROPRIETOR FURKHAN AHMED SHAIK S/O KHALEEL AHMED DOCTER R/O NO 3/1/7, DIDDIKERI STREET KOPPAL - 583 231 …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 2. KARNATAKA STATE POLLUTION CONTROL BOARD ZONAL OFFICE, BELLARY SY NO 597 P, WARD NO 25 4TH MAIN, BELLARY - 583 104 Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47927-DB WP No. 33760 of 2025 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 R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 23.10.2025, PASSED BY RESPONDENT No.4 BRG No.PCB/03/SEO/MIN/2025-26/360 VIDE ANNEXURE-L AND ETC. - 3 - HC-KAR NC: 2025:KHC:47927-DB WP No. 33760 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:47927-DB WP No. 33760 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.: 6