- 1 - HC-KAR NC: 2025:KHC:28201-DB WP No. 20232 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. 20232 OF 2025 (GM-POL) BETWEEN: 1. MANJUNATH HANAMANTH VALIKAR AGED ABOUT 25 YEARS S/O HANAMANTH HANAMAPURA BIJAPURA, KARNATAKA - 586 210 PHONE NO: 7026431317. …PETITIONER (BY SRI M. ABDUL SALAM, ADVOCATE FOR SMT. SHANTHALADEVI B.R., ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS CHAIRMAN PARISARA BHAVAN, 49, CHURCH STREET HARIDEVPUR, SHANTHALA NAGAR ASHOK NAGAR, BANGALORE KARNATAKA - 560 001. 2. M/S DESAI STONE CRUSHER REPRESENTED BY ITS PROPRIETOR Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28201-DB WP No. 20232 of 2025 SY NO. 175/2, BALUTI VILLAGE BASAVANA BAGEWADI TALUKA DIST. VIJAYAPURA, KARNATAKA - 586 210. 3. M/S BHARAT STONE CRUSHER REPRESENTED BY ITS PROPRIETOR SY NO. 175/1, BALUTI VILLAGE BASAVANA BAGEWADI TALUKA DIST. VIJAYAPURA KARNATAKA - 586 210. …RESPONDENTS (BY SRI MAHESH CHOWDHARY, ADVOCATE A/W MS. RASHI SINGH, ADVOCATE FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE HEARING NOTICE DATED 26/06/2025 VIDE ANNEXURE-B AND THEREBY QUASH THE ORDER IF ANY PASSED FOLLOWED IN ANENXURE-B BY THE RESPONDENT NO.1 DATED 07/07/2025 & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:28201-DB WP No. 20232 of 2025 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: "a) To set aside the hearing notice dated 26/06/2025 vide Annexure-B and thereby quash the order if any passed followed in Annexure-B by the Respondent No.1 dated 07/07/2025. b) Direct to the Respondent No.1 not to pass any coercion order until fulfill the norms of the competent authority. c) To pass any appropriate order in the proper circumstances and thus render justice." 2. It is the petitioner’s case that he had made several complaints to the Karnataka State Pollution Control Board [KSPCB] regarding operation of quarrying and crushing activities by the respondent Nos.2 and 3 in the vicinity of his farm, without obtaining proper permission from the concerned authorities. - 4 - HC-KAR NC: 2025:KHC:28201-DB WP No. 20232 of 2025 3. The petitioner states that he is carrying on farming activities in the vicinity of the site in question [Sy.No.175/2, Baluti Village, Basavana Bagewadi Taluk, Vijayapura District; and Sy.No.175/1, Baluti Village Basavana Bagewadi Taluk, Vijayapura District], and is deeply affected by the illegal activities of stone crushing being carried in the area. 4. He submits that stone crushing activities at the site in Survey No. 175/1, Baluti Village, Basavana Bagewadi Taluk, Vijaypura District, were interdicted and stopped on two prior occasions. However, notwithstanding the same, the KSPCB has once again initiated the process of granting consent for operation of the stone crushing activities at the subject site. 5. In the aforesaid context, the petitioner impugns a notice dated 26.06.2025 calling the stakeholders for a personal hearing. The said notice indicates that on the basis of complaints from farmers of Baluti Village regarding air and dust pollution caused due to stone crushing operations, the KSPCB had issued a closure notice dated 08.01.2025 under Section 33(A) of the Water (Prevention & Control of Pollution) Act, 1974 and Section 31(A) of - 5 - HC-KAR NC: 2025:KHC:28201-DB WP No. 20232 of 2025 the Air (Prevention & Control of Pollution) Act, 1981. Thereafter, the entity carrying on the crushing activity had submitted a representation, asserting that it had provided the necessary air pollution control measures and had accordingly requested KSPCB to revoke the order for closure of the unit and to permit its operation. In the aforesaid background, the KSPCB had issued the impugned notice. 6. Clearly, the petitioner cannot be aggrieved by the complainants opposing the issuance of consent to carry on crushing operations being afforded an opportunity of being heard along with the entities engaged in carrying on the crushing activities. 7. However, it is contended on behalf of the petitioner that the stone crushing operators had used their muscle power on the date of the hearing and therefore, the complainants were not afforded an effective hearing. 8. In the given circumstances, we consider it apposite to dispose of the present petition by directing the KSPCB, to consider the averments made in the present petition as part of the - 6 - HC-KAR NC: 2025:KHC:28201-DB WP No. 20232 of 2025 petitioner's representation pursuant to the impugned notice. In the event, any further order has already been passed pursuant to the personal hearing, the KSPCB shall review the same in the light of the averments made in the present petition and take a fresh and informed decision. 9. We find no ground to set aside the impugned notice calling for a personal hearing. 10. In the event, the objections raised by the petitioner and other complainants are rejected by the KSPCB, the petitioner is not precluded from availing remedies as are available, in law. 11. The petition is disposed of with the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 8