- 1 - HC-KAR NC: 2025:KHC:33555 WP No. 51991 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 51991 OF 2019 (LB-RES) BETWEEN: 1. KESHAVA P. S/O MANA PATALI AGED ABOUT 31 YEARS R/AT PANCHODI HOUSE ISHWARAMANGALA POST NETTANIGE MUDNOOR VILLAGE PUTTUR TALUK, D.K.DISTRICT-574 313. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. PANCHAYATH DEVELOPMENT OFFICER GRAMA PANCHAYATH NETTANIGE MUDNOOR ISHWARAMANGALA POST PUTTUR TALUK, D.K.DISTRICT-574 313. …RESPONDENT (BY SRI. KETHAN KUMAR, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE IMPUGNED SHOW NOTICE DATED 12.11.2019 IN NO.Pra.Sam.Grama. Pam.Ne.Mu/Koo.Thya.Vi 23/2019-20 Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33555 WP No. 51991 of 2019 ISSUED BY THE RESPONDENT IS NOT BINDING ON THE PETITIONER AS PE ANNEXURE-A AND 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 The dispute pertains to running of chicken waste processing unit by the petitioner. The petitioner has been running the unit after obtaining all the necessary permission. However, complaints have been made by his neighbors that unit is emitting foul smell and there is huge pollution to the environment which makes it difficulty for the neighbors to live peacefully in the locality. Based on the complaint, the impugned notice has been issued by the respondent- Panchayath asking the petitioner to run the unit in a hygienic manner without creating pollution in the locality including the foul smell. As no steps have been taken by the petitioner pursuant to the same, his trade licence has not been renewed and the electricity was also ordered to be cut. However, on 14.01.2020, this Court passed the following interim order: - 3 - HC-KAR NC: 2025:KHC:33555 WP No. 51991 of 2019 "The petitioner is stated to be running the business of Organic Fertilizers Unit (Chicken Waste processing unit) and had been issued Trade License on 14.12.2016. The petitioner submits that initially license was issued on 14.12.2016 to 31.03.2017. It is further submitted that an application was made seeking renewal of license from 01.04.2017 to 31.03.2018, which however, has not been rejected. The petitioner also submits that he had filed an application for renewal of license from 01.04.2018 to 31.03.2019 and has sought for renewal from 01.04.2019 to 31.03.2020, which also has not been rejected. The petitioner submits that notice came to be issued on 12.11.2019, which in fact is an order to close down the unit. Challenging the notice at Annexure-‘A’, writ petition came to be filed on 29.11.2019 and the matter had come up before this court on 11.12.2019 and notice was issued to the respondent. It is submitted that petitioner was permitted to take out notice by way of hand summons and notice was dispatched through registered post and has been delivered on 20.12.2019, as per the postal tracking report. It is stated that despite having received the notice sent by the petitioner regarding pendency of writ proceedings, the respondent authorities on 31.12.2019, nearly ten days after having received the notice have trespassed into the petitioner’s unit and removed the petitioner’s equipment without having drawn up any mahazar. The petitioner further submits that immediately - 4 - HC-KAR NC: 2025:KHC:33555 WP No. 51991 of 2019 thereafter, a legal notice came to be issued on 02.01.2020. In light of above contention and having noted that notice sent by the petitioner regarding pendency of writ petition had been received by the respondent, the respondent is restrained from taking any further precipitative action pursuant to the notice dated 12.11.2019. List the matter on 29.01.2020." Subsequent to passing of the aforementioned interim order, electricity has been restored to the unit of the petitioner and the petitioner is running the same. 2. The case of the respondent is that, petitioner is entitled to run the unit without causing disturbance to the neighbors and without creating environmental pollution and hence the impugned notice has been issued in this regard. It is further submitted that if the petitioner were to comply with all the legal requirements and if he runs the unit without causing pollution or creating foul smell and not disturbing the neighbors because of it, he will be permitted to run the unit. I do not see any error in the contention taken by the respondent herein. - 5 - HC-KAR NC: 2025:KHC:33555 WP No. 51991 of 2019 3. At this juncture, learned counsel for the petitioner submits that if petitioner is given an opportunity, he will convince the respondent that he has installed all the required machinery to run the unit in a hygienic manner as prescribed by law without causing any disturbance to the neighbors. It is further submitted that the impugned notice has not been served on him, but on his brother. However, it is not disputed that petitioner is having the knowledge of the impugned notice. 4. Admittedly, the petitioner is required to run the unit in accordance with law without causing pollution and without causing any disturbance to the neighbors and what has been issued to the petitioner is only a notice to run it accordingly. 5. Hence, the following: ORDER i) The petitioner is given liberty to reply to the impugned notice dated 12.11.2019. The same shall be done within a period of two weeks from today; ii) The respondent shall consider the reply of the petitioner and if it is found that the petitioner is - 6 - HC-KAR NC: 2025:KHC:33555 WP No. 51991 of 2019 running the unit in accordance with law without causing any disturbance to the neighbors, the petitioner shall be permitted to run the unit and necessary trade licnece also will be issued to the petitioner upon him complying with all the statutory requirements. Otherwise, respondent is at liberty to pass appropriate orders in accordance with law; iii) The writ petition is disposed of accordingly. In view of disposal of main petition, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 28