- 1 - HC-KAR NC: 2025:KHC:28326-DB WP No. 2656 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 2656 OF 2025 (GM-POL) BETWEEN: 1. SRI SHIVAJI S/O. PARASHURAM BASARIKATTI AGED ABOUT 31 YEARS 2. SRI PARASHURAM S/O SHIVAPPA BASARIKATTI AGED ABOUT 62 YEARS ALL ARE R/AT MYAGERI ONI SHIGGAON SIGGAON TALUK HAVERI DIST - 581 205 …PETITIONERS (BY SRI VEERESHA K, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDNG BENGALURU - 560 001 2. THE KARNATAK STATE POLLUTION CONTROL BOARD REP. BY ITS MEMBER SECRETARY Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28326-DB WP No. 2656 of 2025 PARISARA BHAVANA No.49, CHURCH STREET BENGALURU - 560 001 3. THE SENIOR ENVIRONMENTAL OFFICER (ZONAL OFFICE) GROUND FLOOR, PLOT No.4 LAKKAMANAHALLI INDUSTRIAL AREA P.B. ROAD DHARWAD - 580 004 4. THE ENVIRONMENT OFFICER PLOT NO 1, SY No.180A 3RD CROSS, SHIVAJI NAGAR HAVERI - 581 110 5. THE TOWN MUNCIPAL COUNCIL SHIGGAON REP BY CHIEF OFFICER SAVANUR ROAD OPP. GOVERNMENT HOSPITAL SHIGGAON HAVERI DIST - 581 205 6. SMT PYARIJAN S/O MOULASAB DHARWAD MAJOR 7. SRI NOORAHMED S/O MOULALI DHARWAD MAJOR, OCC: CARPENTER 8. SRI NAZEER S/O MOULASAB DHARWAD MAJOR, OCC: CARPENTER 9. SRI KHUTUBUDDIN S/O MOULASAB DHARWAD MAJOR, OCC: CARPENTER RESPONDENT NOS. 6 TO 9 R/AT. HULAGUR ROAD NEAR RACHANAKATTI LAKE - 3 - HC-KAR NC: 2025:KHC:28326-DB WP No. 2656 of 2025 SHIGGAON HAVERI DIST - 581 205. …RESPONDENTS (SRI MAHESH A. CHOWDHARY, ADVOCATE FOR RESPONDENT NOS.1 TO 5 SRI SANDESH N. GOWDA, ADVOCATE FOR RESPONDENT NOS.6 TO 9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING RESPONDENT NO.4 AND 5 TO ACT UPON THE COMMUNICATIONS DATED 26/05/2022 AND 10/10/2024, AS ANNEXED IN ANNEXURES - C2 AND F2 AND TO TAKE ALL NECESSARY MEASURES TO IMMEDIATELY CEASE THE OPERATIONS OF THE SAWMILL OPERATED BY RESPONDENTS NO. 6 TO 9, OR ALTERNATIVELY, TO ENSURE THE RELOCATION OF THE SAID SAWMILL, THEREBY PREVENTING ANY FURTHER NOISE AND AIR POLLUTION CAUSED BY ITS OPERATIONS & 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 that the directions be issued to respondent Nos.4 and 5 to act on the communications dated 26.05.2022 and 10.10.2024 and to take - 4 - HC-KAR NC: 2025:KHC:28326-DB WP No. 2656 of 2025 all necessary measures to immediately cease the operations of sawmill operated by respondent Nos.6 to 9. In the alternative, the petitioner prays, the sawmill in question be relocated to prevent any further noise and air pollution. 2. Respondent Nos.6 to 9 have filed an affidavit, inter alia, affirming as under: "2. We respectfully state and undertake before this Hon’ble Court that we have permanently ceased all sawmill operations that were being conducted on property bearing New No.20-27-81 (Old TMC No.1615/1), situated at Ward No.10 of Hadimani Oni, Shiggaon Town, directly opposite to the Petitioners’ residence. 3. We affirm that all machinery, tools, and accessories related to the sawmill operation have been completely dismantled and removed from the premises, and the said premises shall not be used for any industrial, mechanical, or commercial activity, particularly wood processing or sawmilling, now or at any time in future. 4. We undertake that we shall not recommence, revive, or conduct any sawmill, wood-cutting, or similar operations at the said premises, and we shall not claim any legal or commercial rights over sawmill activity at the present site." 3. The said affidavit is taken on record. The respondents are bound down to the undertaking as set out in the affidavit. - 5 - HC-KAR NC: 2025:KHC:28326-DB WP No. 2656 of 2025 4. No further orders are required to be passed in this petition. The same is disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 36