- 1 - HC-KAR CNR: KAHC010380652026 NC: 2026:KHC:46114-DB WP No. 17189 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 17189 OF 2026 (GM-POL) BETWEEN: 1. SMT. JAYASHEELA W/O LATE LINGANAYAKA AGED ABOUT 48 YEARS THONDAVADI VILLAGE GUNDLUPETE TALUK CHAMARAJANAGAR PIN - 571 109 2. SRI SURESH H.G. S/O GOJJUNAYAKA AGED ABOUT 46 YEARS HOREYALA VILLAGE GUNDLUPETE TALUK CHAMARAJANAGAR PIN - 571 109 …PETITIONERS (BY SRI SRINIVASA B.V., ADVOCATE FOR SRI MALLAIAH M.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY IT'S: PRINCIPAL SECRETARY DEPARTMENT OF COMMERCE AND INDUSTRIES VIDHANA SOUDHA BANGALORE - 560 001 Digitally signed by SRIDEVI S Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010380652026 NC: 2026:KHC:46114-DB WP No. 17189 of 2026 2. THE KARNATAKA STATE POLLUTION CONTROL BOARD REP. BY IT'S MEMBER SECRETARY NO.49/, 4TH AND 5TH FLOOR PARISARA BHAVANA CHURCH STREET ROAD BANGALORE - 560 001 3. THE SENIOR ENVIRONMENTAL OFFICER ZONAL OFFICE THE KARNATAKA STATE POLLUTION CONTROL BOARD NO.435-D HEBBAL INDUSTRIAL AREA K.R.S. ROAD, METAGALLI MYSORE - 570 016 4. THE REGIONAL OFFICER THE KARNATAKA STATE POLLUTION CONTROL BOARD NO.9/133, 2ND FLOOR, SPS COMPLEX VANIYAR STREET CHAMARAJANAGAR - 571 313 5. THE OFFICE OF DEPUTY COMMISSIONER CHAMARAJANAGAR DIST. CHAMARAJANAGAR - 571 313 6. THE DEPUTY SUPERINTEND OF POLICE CHAMARAJANAGAR DIST. CHAMARAJANAGAR - 571 313 7. THE ASSISTANT DIRECTOR DEPARTMENT OF TOWN AND RURAL PLANNING CHAMARAJANAGAR - 571 313 8. THE MANAGING DIRECTOR CESCOM, NO.29 VIJAYANAGAR 2ND STAGE, HINKA MYSORE - 570 017 - 3 - HC-KAR CNR: KAHC010380652026 NC: 2026:KHC:46114-DB WP No. 17189 of 2026 9. THE PANCHAYATH DEVELOPMENT OFFICER CHIKKATI GRAMA PANCHAYATH GUNDLUPETE TALUK CHAMARAJANAGAR DIST. CHAMARANAGARA - 571 109 10. M/S. GREEN PRO-VENTURES PVT. LTD. REPRESENTED HEREIN BY: THE MANAGING DIRECTOR THONDAVADI VILLAGE BEGUR HOBLI, GUNDLUPETE TALUK CHAMARAJANAGAR - 571 111 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1, 5 TO 7 & SRI A. MAHESH CHOUDHARY, ADVOCATE FOR R-2, 3 & 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT A WRIT, ORDER OR DIRECTION, TO STOP THE FUNCTIONING OF THE RESPONDENT COMPANY UNTIL WITH THE COMPLIANCE OF INSPECTION REPORT AT ANNEXURE-F DATED 21.07.2025 & 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 MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice to respondent Nos.2, 3 and 4. The learned counsel appearing for the said respondents accepts notice. Given the order that we have proposed to pass, we do not consider it apposite to issue notice to other respondents in this case. - 4 - HC-KAR CNR: KAHC010380652026 NC: 2026:KHC:46114-DB WP No. 17189 of 2026 2. The petitioners have filed the present petition, inter alia, alleging that respondent No.10 is violating the provisions of the Water (Prevention and Control of Pollution) Act, 1974 [the Act] by discharging toxic effluent that has seeped through the compound wall of the petitioners’ land (falling in Sy.No.417/3). The petitioners further allege that this discharge has damaged their land adjacent to respondent No.10's unit at Survey No.421/*/3, Tondavadi Village, Begur Hobli, Gundlupet Tauk, Chamarajanagar District. 3. The petitioners further state that they have made several complaints, and that respondent No.4 also issued a show cause notice dated 24.07.2025 to respondent No.10, requiring submission of its compliance report within seven days. Thereafter, respondent No.4 issued an inspection report dated 07.08.2025, which imposed prohibitory orders under Section 32(1) of the Act. The petitioners state that they have obtained information under the Right to Information Act, 2005, and have found that respondent No.10 has not secured any permission to run the industry. In the aforesaid context, the petitioners seek the following reliefs: - 5 - HC-KAR CNR: KAHC010380652026 NC: 2026:KHC:46114-DB WP No. 17189 of 2026 "a) Grant a writ, order or direction, to stop the functioning of the respondent company until with the compliance of the inspection report at Annexure-F, dated 21.07.2025. b) To provide a compensation of rupees 10 lakhs for the damage caused by the respondent company to the petitioner." 4. Insofar as the direction sought for restraining respondent No.10 from functioning is concerned, the learned counsel appearing for the Karnataka State Pollution Control Board [KSPCB] submits that the consent to operate [CTO] issued by KSPCB to respondent No.10 has since been withdrawn by an order dated 25.06.2026. He also submits that thereafter, an inspection was conducted on 11.08.2026 and that, although certain observations were duly complied with, the inspection also revealed certain deficiencies of non-compliance. He submits that in this respect, the KSPCB has initiated proceedings and would conclude the same within a period of eight weeks from the date in accordance with law. He submits that if the unit of respondent No. 10 is found to be non-compliant, the necessary closure orders would be issued. 5. In view of the above, no further orders are required to be issued to KSPCB. - 6 - HC-KAR CNR: KAHC010380652026 NC: 2026:KHC:46114-DB WP No. 17189 of 2026 6. Insofar as the allegation that respondent No.2 has constructed the building without necessary permissions is concerned, the petitioners are at liberty to make a representation to respondent No.9. Needless to state that in the event the petitioners make such a representation, the same would be considered by the concerned authorities in accordance with law. 7. The petitioners have also sought compensation of `10,00,000/- for the damage caused to their property. Plainly, the same would require adjudication of questions of fact. The petitioners would also have to prove the quantum of damages suffered. We do not consider it appropriate to examine the said prayer in these proceedings. However, the petitioners are not precluded from instituting civil action in accordance with law. 8. The petition is disposed of with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE SD, List No.: 2 Sl No.: 4