- 1 - HC-KAR NC: 2025:KHC:38888-DB WP No. 27053 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 27053 OF 2025 (GM-POL) BETWEEN: 1. M/S AVANISH MOTORS PRIVATE LIMITED HAVING ITS SHOWROOM AT NO. 57 2ND MAIN UPADHYAYARA SANGHA BADAVANE NAGARBHAVI, OUTER RING ROAD BENGALURU - 560 072 REPRESENTED BY ITS AUTHORISED SIGNATORY AND GENERAL MANAGER SRI PRAVEEN A …PETITIONER (BY SRI OJASWI, ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE AT NO. 49, PARISARA BHAVAN CHURCH STREET BANGALORE - 560 001 …RESPONDENT (BY SRI MAHESH A. CHOWDHARY, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, FOR QUASHING AND SETTING ASIDE THE IMPUGNED CLOSURE DIRECTIONS DATED 29.07.2025 ISSUED BY THE Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38888-DB WP No. 27053 of 2025 RESPONDENT No.1, IMPUGNED UNDER SECTION 31(A) OF THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 (BEARING No. PCB/ENF-CMP/CLOSURE/APC/2025-26/69) MARKED HEREWITH AS ANNEXURE-H TO THE WRIT PETITION & 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. Issue notice. Mr. Mahesh A. Chowdhary, learned counsel accepts notice for the sole respondent. 2. The petitioner has filed the present petition impugning a closure order dated 29.07.2025 issued by the respondent (KSPCB) under Section 31 (A) of the Air (Prevention and Control of Pollution) Act, 1981. It is contended that the petitioner is carrying on the business of retail sales of two-wheelers as well as service centre. Admittedly, the petitioner did not receive any consent to operate the service centre resulting in the KSPCB issuing the closure order. 3. The learned counsel appearing for the petitioner contends that although a closure order has been issued, the petitioner was - 3 - HC-KAR NC: 2025:KHC:38888-DB WP No. 27053 of 2025 not afforded an opportunity to be heard. He submits that an application for grant of consent to operate is pending before the KSPCB and, therefore, it was incumbent upon the KSPCB to examine the same. Additionally, he submits that the service centre occupies only a part of the building and is currently not operational. He further submits that on account of the said service center, closure order is being implemented in respect of the entire building and the electricity supply is being disconnected. He submits that the retail outlet – which is also operating from the same premises - does not require any consent to operate. 4. In view of the above, we consider it apposite to dispose of the present petition with the following directions: (a) That the petitioner shall not operate the service centre till the consent to operate is granted by the KSPCB; (b) KSPCB shall examine the petitioner's pending application and pass an appropriate order; (c) The closure order dated 29.07.2025 shall be considered as restricted to the service centre and not to the retail outlet; and - 4 - HC-KAR NC: 2025:KHC:38888-DB WP No. 27053 of 2025 (d) The electricity to the rest of the building, that is the building other than the space occupying the service centre, shall not be disconnected on account of the impugned closure order. 5. This Court is informed that the KSPCB has also issued closure order under the Water (Prevention and Control of Pollution) Act, 1974. The directions, as issued above, shall also operate in respect of the said order. 6. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 21