D P AGRO INDUSTRIES v. KARNATAK STATE POLLUTION CONTROL BOARD
WP/25283/2025 · 2025-08-20
C M Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87447 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87447 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32338-DB WP No. 25283 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 25283 OF 2025 (GM-POL) BETWEEN:
1. D.P. AGRO INDUSTRIES A SOLE PROPRIETORSHIP NO. 407, 1ST STAGE SOMAPURA INDUSTRIAL AREA NELAMANGALA TALUK BENGALURU RURAL DISTRICT BENGALURU - 562 123. REPRESENTED BY ITS PROPRIETOR MR. GAURAV BHASIN. …PETITIONER (BY SRI MAHESH A.S., ADVOCATE) AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, NO. 49 CHURCH STREET BENGALURU - 560 001 REPRESENTED BY ITS SENIOR ENVIRONMENTAL OFFICER. 2. BENGALURU ELECTRICITY SUPPLY COMPANY K.R. CIRCLE BENGALURU - 560 001 REPRESENTED BY ITS MANAGING DIRECTOR. Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32338-DB WP No. 25283 of 2025
3. THE EXECUTIVE ENGINEER AND ASST. EXECUTIVE ENGINEER (ELEC) BESCOM NELAMANGALA BENGALURU RURAL DISTRICT - 562 123. 4. THE DEPUTY COMMISSIONER BENGALURU RURAL BENGALURU RURAL DISTRICT DISTRICT OFFICE COMPLEX BENGALURU - 560 001. …RESPONDENTS (BY SRI A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 & SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECT THE 1ST RESPONDENT TO CONSIDER THE APPLICATION BEARING PCB ID No.278194, INWARD: 326524 DATED 03.07.2025 (ANNEXURE-C) IN AN EXPEDITIOUS MANNER & ETC. 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 JOSHI
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia praying as under:
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HC-KAR NC: 2025:KHC:32338-DB WP No. 25283 of 2025
"a) Issue a Writ in the nature of mandamus and direct the 1st respondent to consider the application bearing PCB ID No.278194, Inward: 326524 dated 03/07/2025 (Annexure-C) in an expeditious manner. b) Pass any such other order/s that this Hon'ble Court deems fit."
2. The petitioner claims that he has been carrying on the business of packing rice at his factory located in Somapura Industrial Area, Nelamangala. The said unit was inspected on 11.03.2025 and the inspecting team found a machine for milling atta.
Concededly, the activity of running an atta mill could not have been carried out, without the requisite licence. However, it is the petitioner's case that although the machine was lying at the unit but was not being used. The petitioner also states that he has since dismantled the said atta mill and has sold the same. Notwithstanding the same, the petitioner has also filed an application for a license for operation. In the aforesaid backdrop, the petitioner prays that the application be considered expeditiously. 3. The learned counsel for the petitioner has also expressed urgency on the ground that it has received notice for disconnection
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HC-KAR NC: 2025:KHC:32338-DB WP No. 25283 of 2025
of electricity. He submits that if the electricity is disconnected, the perishable goods lying at the unit will get destroyed. 4. Under the given circumstances, we consider it apposite to allow the present petition to the extent of directing the respondent No.1 to consider the petitioner’s application as expeditiously as possible. We also grant liberty to the petitioner to approach respondent No. 2 for not disconnecting the electricity connection for a period of one month. We request the respondent No.1 to consider the petitioner's application within the said period. 5. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
KS List No.: 1 Sl No.: 13