- 1 - HC-KAR CNR: KAHC010146962022 NC: 2026:KHC:42614 WP No. 6984 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 6984 OF 2022 (GM-RES) BETWEEN: 1. SRI.DHANANJAY S/O LATE MARINANJAIAH, AGED ABOUT 53 YEARS, R/O SY.NO.64 AND 65 YENNEGERE VILLAGE, SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 577 546. 2. SRI. THILIKESHAVA MURTHY S/O LATE MARINANJAIAH, AGED ABOUT 40 YEARS, R/O SY.NO.64 AND 65, YENNEGERE VILLAGE SOLUR HOBLI,MAGADI TALUK, RAMANAGARA DISTRICT - 577 546. 3. SRI. REVANNA S/O LATE HONNAPPA R/O KALIPALYA VILLAGE YENNEGERE VILLAGE SOLUR HOBLI,MAGADI TALUK, RAMANAGARA DISTRICT - 562 127. 4. SRI. CHANDRASHEKARAIAHA S/O LATE SIDDAPPA, R/O KALIPALAYA VILLAGE YENNEGERE DHAKALAE, SOLUR HOBLI,MAGADI TALUK, RAMANAGARA DISTRICT - 562 127. Digitally signed by BHARATHI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010146962022 NC: 2026:KHC:42614 WP No. 6984 of 2022 5. SRI.HANUMANTHARAJU S/O LATE DODDACHENAPPA AGED ABOUT 59 YEARS, R/O KALIPALYA VILLAGE YENNEGERE DHAKALAE, SOLUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 562 127 …PETITIONERS (BY SRI. SAGAR. B.B, ADVOCATE, THROUGH VC ) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER OFFICE OF THE COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, RAMANAGARA DISTRICT, RAMANAGARA - 562 159. 3. THE NELEMANGALA PLANNING AUTHORITY, B.H.ROAD, CHENNAPPA LAYOUT, NELEMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. REPRESENTED BY ITS DIRECTOR. 4. THE KARNATAKA STATE POLLUTION CONTORL BOARD. PARISARA BHAVAN, NO.49, CHURCH STREET, BENGALURU - 560001 REPRESENTED BY ITS SECRETARY. 5. M/S MAHAJAN AGRO FRUITS, (CASHEW PROCESSING UNIT) - 3 - HC-KAR CNR: KAHC010146962022 NC: 2026:KHC:42614 WP No. 6984 of 2022 YENNEGERE (KALIPALYA) SOLUR HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT - 562 127 REPRESENTED BY ITS PARTNER SRI. RAJESH. …RESPONDENTS (BY SRI. M.SREENIVAS KUMAR, HCGP FOR R1 & R2; SRI. YOGESH.D.NAIK, AGA FOR R3; SRI. NATARAJU.T, AGA FOR R4; SRI. SHIVA SHANKAR, AGA FOR R5) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO DIRECTING THE R2 HEREIN TO CONSIDER THE REPRESENTATION DATED 15.09.2021 VIDE ANNEXURE-H AND TO TAKE APPROPRIATE LEGAL ACTION AS AGAINST THE R5.DIRECTING THE R4 TO CONSIDER THE LETTER/COMPLAINT DATED 20.12.2021 VIDE ANNEXURE-M AND TO TAKE APPROPRIATE LEGAL ACTION AS AGAINST THE R5. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition is by the residents of Kalipallya Village, Yennegere Dhakalai, Solur Hobli, Magadi Taluk, Ramanagar District, being aggrieved by the Cashew Processing Factory, run by respondent No.5 allegedly without obtaining permissions, license and sanctions from - 4 - HC-KAR CNR: KAHC010146962022 NC: 2026:KHC:42614 WP No. 6984 of 2022 the concerned departments including Pollution Control Board, seeking following reliefs:- "i. Issue a Writ of Mandamus directing the 2nd respondent herein to consider the representation dated 15.09.2021 vide Annexure H and to take appropriate legal action as against the 5th respondent in accordance with law in the interest of justice and equity. ii. Issue a Writ of Mandamus directing the 4th respondent to consider the letter/complaint dated 20.12.2021 vide Annexure M and to take appropriate legal action as against the 5th respondent in accordance with law, in the interest of justice and equity. iii. Pass such other orders as this Hon'ble Court may deem fit in view of the facts and circumstances of the case in the interest of justice and equity." 2. Before commencement of hearing, the learned counsel for respondent No.5 - Sri Shiva Shankar, submitted that respondent No.5 has closed down its unit from the month of January 2023. He further submits that respondent No.5 is not intending to restart or reopen the said industry anytime in future. He also submits that respondent No.5 is ready and willing to file an affidavit to the said effect. As such, he insists that nothing survives for considering the petition. - 5 - HC-KAR CNR: KAHC010146962022 NC: 2026:KHC:42614 WP No. 6984 of 2022 3. Learned counsel for the respondent - Pollution Control Board submits that respondent - Pollution Control Board was ready to go to the spot to inspect and to submit a report and that since the learned counsel for respondent No.5, has made a submission regarding respondent No.5 no more in operation, requirement of conducting inspection may not arise. 4. In response to the above, learned counsel for the petitioner appearing through video conference submits that since counsel for respondent No.5 has submitted on instruction about unit having been closed since January 2023, said submission be taken on record and petition be disposed of. He however submits should respondent No.5 revive the industry, liberty may be reserved to the petitioners. 5. In view of the aforesaid submission, petition is disposed of having become infructuous. - 6 - HC-KAR CNR: KAHC010146962022 NC: 2026:KHC:42614 WP No. 6984 of 2022 6. Respondent No.5 shall however file an affidavit as submitted above within a week's time for the purpose of record of this Court. Sd/- (M.G.S. KAMAL) JUDGE Vmb List No.: 1 Sl No.: 21