- 1 - HC-KAR NC: 2026:KHC:18649-DB WP No. 4192 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 4192 OF 2026 (GM-POL) BETWEEN: M/S VICTOR SOLDER O/AT NO. 02, 1ST MAIN, BYRAPPA LAYOUT, NAGASHETTIHALLI, BANGALORE-560 094 REP. BY ITS PROPRIETOR MR. REHAN RIFAI …PETITIONER (BY SRI. IRSHAD AHMED K, ADVOCATE) AND: 1. KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, 1ST TO 5TH FLOOR, NO.49, CHURCH STREET, BENGALURU - 560 001 REP BY ITS CHAIRMAN 2. REGIONAL OFFICE BENGALURU CITY WEST, PARISARA BHAVAN, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18649-DB WP No. 4192 of 2026 1ST TO 5TH FLOOR, NO.49, CHURCH STREET, BENGALURU 560 001 3. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU 4. THE MANAGING DIRECTOR, 'BESCOM', K.R CIRCLE, BENGALURU 5. THE EXECUTIVE ENGINEER AND ASST. EXECUTIVE ENGINEER BESCOM, C-4, SUB-DIVISION, B.V.K, GANGANAGAR, BENGALURU 560 094 …RESPONDENTS (BY SRI. MAHESH CHOWDHARY, ADVOCATE FOR R1 MS. NILOUFER AKBAR, AGA FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPOPRIATE WRIT QUASHING THE ORDER No. PCB/SEO-ENF-CMP/CLOSURE ORDER WPC/2025-26/405 DATED 05.01.2026 AND ORDER No. PCB/SEO-ENF-CMP/CLOSURE ORDER-APC/2025-26/406 DATED 05.01.2026 ANNEXURE-A AND B ISSUED BY THE RESPONDENT No. 1, IN THE INTEREST OF JUSTICE AND EQUITY. 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. POONACHA - 3 - HC-KAR NC: 2026:KHC:18649-DB WP No. 4192 of 2026 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition, impugning closure orders dated 05.01.2026 issued under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974, read with Rule 34 of Karnataka Board for the Prevention and Control of Water Pollution (Procedure for Transaction of Business) and the Water (Prevention & Control of Pollution) Rules, 1976 and Section 31A of the Air (Prevention and Control of Pollution) Act, 1981 read with Rule 20A of Karnataka Air (Prevention and Control of Pollution) Rules, 1983. 2. The said orders are premised on the basis that the industry falls in Small Orange Category and therefore, consent from the Karnataka State Pollution Control Board is mandatory. 3. The said orders also indicate that they use two induction furnace and two gas induction furnace. However, that is stoutly disputed by the petitioner. The petitioner has also produced photographs of the said industry. He submits that the industry produces only soldering steels and wires. It does not involve any - 4 - HC-KAR NC: 2026:KHC:18649-DB WP No. 4192 of 2026 discharge of effluents. There is no furnace involved in the said unit and no pollution is generated. The photographs annexed to the present petition substantiate the said submissions. 4. The learned counsel appearing for the Karnataka State Pollution Control Board fairly states that the impugned orders have proceeded on an erroneous premise that the industry falls under the category of small orange category. He submits that the industry would fall in a white category. Therefore, the impugned orders may be set aside. 5. He further submits that there may be some noise pollution which is the reason why complaints are being made. He requests that the present order may not be construed as precluding the concerned authorities from taking any steps regarding noise pollution, if it is so. 6. In view of the above, the present petition is allowed. The impugned order is set aside. We clarify that this order will not preclude the concerned authorities from initiating any proceedings if it is found that the petitioner is causing any pollution beyond the prescribed limits. This order will also not preclude the authorities - 5 - HC-KAR NC: 2026:KHC:18649-DB WP No. 4192 of 2026 from taking any steps if it is found that such an industry is not permissible in accordance with the prevalent plans. 7. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE Vmb List No.: 2 Sl No.: 21