M/S ANWIKA FERROCAST v. KARNATAKA STATE POLLUTION CONTROL BOARD
WP/100349/2026 · 2026-09-01
K S Hemalekha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 38165 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 38165 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.106920 OF 2025 (GM-POL) C/W WRIT PETITION NO.106921 OF 2025 (GM-POL) WRIT PETITION NO.107319 OF 2025 (GM-POL) WRIT PETITION NO.107321 OF 2025 (GM-POL) WRIT PETITION NO.100345 OF 2026 (GM-POL) WRIT PETITION NO.100346 OF 2026 (GM-POL) WRIT PETITION NO.100347 OF 2026 (GM-POL) WRIT PETITION NO.100348 OF 2026 (GM-POL) WRIT PETITION NO.100349 OF 2026 (GM-POL)
IN W.P. NO.106920/2025
BETWEEN:
M/S. INDIA IRON WORKS REPRESENTED BY ITS PARTNER SHRI AVINASH S/O SUBHASH BILAGI AGE 44 YEARS, OCC: BUSINESS R/O PLOT NO.101, CTS NO.1/90 HARE KRISHNA BUILDING, BEHIND GURUPRASAD NAGAR, BELAGAVI-590008. …PETITIONER
(BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE (V.C.))
Digitally signed by C K LATHA Location: High Court of Karnataka
- 2 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
AND:
1.
KARNATAKA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001.
2.
SENIOR ENVIRONMENTAL OFFICER
PARIASARA BHAVAN. #49,
CHURCH STREET, BENGALURU-560001.
3.
DEPUTY ENVIRONMENTAL OFFICER,
REGIONAL OFFICE – BELAGAVI-1
KARNATAKA STATE POLLUTION CONTROL BOARD
MAIN ROAD, AUTO NAGAR,
KANBARGI INDUSTRIAL AREA,
BELAGAVI-590015.
4.
THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI-590001.
5.
THE MANAGING DIRECTOR, HESCOM
KPTCL COLONY, NEHRU NAGAR,
BELAGAVI-590001.
6.
THE EXECUTIVE ENGINEER & ASST. ENGINEER,
HESCOM, BELAGAVI DISTRICT,
OPP. BELGAUM RLY STATION,
BELAGAVI-590001. …RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.PCB/SEO-ENF-CMP/CLOSURE
ORDER-WPC/2025- 26/181 UNDER SECTION 33A OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974 VIDE ANNEXURE-B DATED 02-09-2025 AND PCB/SEO-ENF-CMP/CLOSURE ORDER -APC/2025-
- 3 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
26/182 UNDER SECTION 31(A) OF THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT 1981 DATED 02-09-2025 AT ANNEXURE-B1 ISSUED BY SENIOR ENVIRONMENTAL OFFICER i.e., 2ND RESPONDENT, IN SO FAR AS PETITIONER IS CONCERNED IN RESPECT OF MANUFACTURING PREMISES SITUATED AT SY.NO.622, MACCHE INDUSTRIAL AREA, MACCHE, TAL & DIST.
BELAGAVI AND ETC.
IN W.P. NO.106921/2025
BETWEEN:
M/S. MAHALAXMI FOUNDERS REPRESENTED BY ITS PROPRIETOR SHRI. SRIRAM S/O. GOVINDRAO JOSHI AGE: 55 YEARS, OCC: BUSINESS, R/O. CTS NO.64/A, SHRINIDHI APTS.
S-3, SOMAWAR PETH, TILAKWADI, BELAGAVI-590006. ...PETITIONER
(BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE (V.C.))
AND:
1.
KARNATAKA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
PARIASARA BHAVAN, #49, CHURCH STREET, BENGALURU-560001.
2.
SENIOR ENVIRONMENTAL OFFICER
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001.
3.
DEPUTY ENVIRONMENTAL OFFICER,
REGIONAL OFFICE – BELAGAVI-1
KARNATAKA STATE POLLUTION CONTROL BOARD
MAIN ROAD AUTO NAGAR,
KANBARGI INDUSTRIAL AREA,
BELAGAVI-590015.
4.
THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI-590001.
- 4 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
5.
THE MANAGING DIRECTOR, HESCOM KPTCL COLONY, NEHRU NAGAR, BELAGAVI-590001.
6.
THE EXECUTIVE ENGINEER & ASST. ENGINEER, HESCOM, BELAGAVI DISTRICT,
OPP. BELGAUM RLY STATION,
BELAGAVI-590001. ...RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.PCB/SEO-ENF-CMP/CLOSURE
ORDER-WPC/2025- 26/187 UNDER SECTION 33A OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT, 1974 VIDE ANNEXURE-B DATED 02-09-2025 AND PCB/SEO-ENF-CMP/CLOSURE ORDER-APC/2025- 26/188 UNDER SECTION 31(A) OF THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981 DATED 02-09-2025 AT ANNEXURE-B1 ISSUED BY SENIOR ENVIRONMENTAL OFFICER i.e., 2ND RESPONDENT, IN SO FAR AS PETITIONER IS CONCERNED IN RESPECT OF MANUFACTURING PREMISES SITUATED AT SY.NO.622/1, MACCHE INDUSTRIAL AREA, MACCHE, TAL & DIST. BELAGAVI AND ETC. IN W.P. NO.107319/2025
BETWEEN:
M/S. ANWIKA FERROCAST REPRESNENTED BY ITS PARTNER SHRI GIRISH S/O MADHUKAR RANOJI, AGE: 32 YEARS, OCC: BUSINESS, R/O. #781, MARUTI GALLI, MACHHE, BELAGAVI-590014. ...PETITIONER
(BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE (V.C.))
- 5 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
PARIASARA BHAVAN, #49 CHURCH STREET, BENGALURU-560001. 2. SENIOR ENVIRONMENTAL OFFICER
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001. 3. DEPUTY ENVIRONMENTAL OFFICER,
REGIONAL OFFICE – BELAGAVI-1,
KARNATAKA STATE POLLUTION CONTROL BOARD
MAIN ROAD, AUTO NAGAR,
KANBARGI INDUSTRIAL AREA,
BELAGAVI-590015. 4. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI-590001. 5. THE MANAGING DIRECTOR, HESCOM, KPTCL COLONY, NEHRU NAGAR,
BELAGAVI-590001. 6. THE EXECUTIVE ENGINEER & ASST. ENGINEER, HESCOM, BELAGAVI DISTRICT
OPP. BELGAUM RLY STATION,
BELAGAVI-590001. ...RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO. PCB/SEO-ENF-CMP/CLOSURE ORDER WPC/2025- 26/198 UNDER SECTION 33A OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974 VIDE ANNEXURE-B DATED 02-09-2025 AND PCB/SEO-ENF-CMP/CLOSURE ORDER -APC/2025- 26/199 UNDER SECTION 31(A) OF THE AIR (PREVENTION &
- 6 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
CONTROL OF POLLUTION) ACT 1981 DATED 02-09-2025 AT ANNEXURE-B1 ISSUED BY SENIOR ENVIRONMENTAL OFFICER i.e., 2ND RESPONDENT, IN SO FAR AS PETITIONER IS CONCERNED IN RESPECT OF MANUFACTURING PREMISES SITUATED AT SY. NO.622/A, MACCHE INDUSTRIAL AREA, MACCHE, TAL & DIST. BELAGAVI AND ETC. IN W.P. NO.107321/2025
BETWEEN:
M/S. JYOTIRLING WEAVING MILLS REPRESENTED BY ITS PROPRIETOR SMT. PUSHPALATA W/O JYOTIBA KHORATE AGE: 63 YEARS, OCC: BUSINESS, R/O #477/2B, JYOTIRLING NIWAS, BEHIND GANTHADE BUILDING, VADGAON, BELAGAVI-590005. ...PETITIONER
(BY SRI.
KISHOR SUDHAKAR SUTAR, ADVOCATE (V.C.))
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, PARISARA BHAVAN, #49, CHURCH STREET, BENGALURU-560001. 2. SENIOR ENVIRONMENTAL OFFICER,
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001. 3. DEPUTY ENVIRONMENTAL OFFICER,
REGIONAL OFFICE – BELAGAVI-1
KARNATAKA STATE POLLUTION CONTROL BOARD
MAIN ROAD, AUTO NAGAR,
KANBARGI INDUSTRIAL AREA,
BELAGAVI-590015. 4. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI-590001. - 7 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
5. THE MANAGING DIRECTOR, HESCOM
KPTCL COLONY, NEHRU NAGAR,
BELAGAVI-590001. 6. THE EXECUTIVE ENGINEER & ASST. ENGINEER
HESCOM, BELAGAVI DISTRICT,
OPP. BELGAUM RLY STATION,
BELAGAVI-590001. ...RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO. PCB/SEO-ENF-CMP/CLOSURE ORDER WPC/2025- 26/183 UNDER SECTION 33A OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974 VIDE ANNEXURE-B DATED 02-09-2025 AND PCB/SEO-ENF-CMP/CLOSURE ORDER -APC/2025- 26/184 UNDER SECTION 31(A) OF THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981 DATED 02-09-2025 AT ANNEXURE-B1 ISSUED BY SENIOR ENVIRONMENTAL OFFICER i.e., 2ND RESPONDENT, IN SO FAR AS PETITIONER IS CONCERNED IN RESPECT OF MANUFACTURING PREMISES SITUATED AT SY. NO.621, MACCHE INDUSTRIAL AREA, MACCHE, TAL & DIST. BELAGAVI AND ETC. IN W.P. NO.100345/2026
BETWEEN:
M/S. SHARADA NARAYAN TRADERS REPRESENTED BY ITS PROPRIETOR SHRI. CHANDRAKANT S/O. NARAYAN KAREGAR AGE: 37 YEARS, OCC: BUSINESS, R/O. #1351, TANAJI GALLI, KANGRALI KH, BELAGAVI-590010. ...PETITIONER
(BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE (V.C.))
- 8 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001. 2. SENIOR ENVIRONMENTAL OFFICER,
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001. 3. DEPUTY ENVIRONMENTAL OFFICER,
REGIONAL OFFICE – BELAGAVI-1
KARNATAKA STATE POLLUTION CONTROL BOARD
MAIN ROAD, AUTO NAGAR,
KANBARGI INDUSTRIAL AREA,
BELAGAVI-590015. 4. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI-590001.
5. THE MANAGING DIRECTOR, HESCOM
KPTCL COLONY, NEHRU NAGAR,
BELAGAVI-590001. 6. THE EXECUTIVE ENGINEER & ASST. ENGINEER,
HESCOM, BELAGAVI DISTRICT,
OPP. BELGAUM RLY STATION,
BELAGAVI-590001. ...RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO. PCB/SEO-ENF-CMP/CLOSURE ORDER - WPC/2025- 26/185 UNDER SECTION 33A OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974 VIDE ANNEXURE-B DATED 02-09-2025 AND PCB/SEO-ENF-CMP/CLOSURE ORDER -APC/2025- 26/186 UNDER SECTION 31(A) OF THE AIR (PREVENTION &
- 9 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
CONTROL OF POLLUTION) ACT, 1981 DATED 02-09-2025 AT ANNEXURE-B1 ISSUED BY SENIOR ENVIRONMENTAL OFFICER i.e., 2ND RESPONDENT, IN SO FAR AS PETITIONER IS CONCERNED IN RESPECT OF MANUFACTURING PREMISES SITUATED AT SY. NO.622, MACCHE INDUSTRIAL AREA, MACCHE, TAL & DIST. BELAGAVI AND ETC. IN W.P. NO.100346/2026
BETWEEN:
M/S. S.A. ENGINEERS REPRESENTED BY ITS PROPRIETOR SHRI SACHIN S/O NATOJI PATANGE AGE: 42 YEARS, OCC: BUSINESS, R/O #136, SY NO.691/1, VISHWAKARMA COLONY, RANI CHANNAMMA NAGAR UDYAMBAG, BELAGAVI-590006. ...PETITIONER
(BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE (V.C.))
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
PARISARA BHAVAN, #49, CHURCH STREET, BENGALURU-560001. 2. SENIOR ENVIRONMENTAL OFFICER
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001. 3. DEPUTY ENVIRONMENTAL OFFICER,
REGIONAL OFFICE – BELAGAVI-1
KARNATAKA STATE POLLUTION CONTROL BOARD
MAIN ROAD, AUTO NAGAR,
KANBARGI INDUSTRIAL AREA,
BELAGAVI-590015. 4. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI-590001. - 10 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
5. THE MANAGING DIRECTOR, HESCOM
KPTCL COLONY, NEHRU NAGAR,
BELAGAVI-590001. 6. THE EXECUTIVE ENGINEER & ASST. ENGINEER,
HESCOM, BELAGAVI DISTRICT,
OPP. BELGAUM RLY STATION,
BELAGAVI-590001. ...RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO R-3; SMT.
NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO. PCB/SEO-ENF-CMP/CLOSURE ORDER WPC/2025- 26/192 UNDER SECTION 33A OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974 VIDE ANNEXURE-B DATED 02-09-2025 AND PCB/SEO-ENF-CMP/CLOSURE ORDER -APC/2025- 26/193 UNDER SECTION 31(A) OF THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981 DATED 02-09-2025 AT ANNEXURE-B1 ISSUED BY SENIOR ENVIRONMENTAL OFFICER i.e., 2ND RESPONDENT, IN SO FAR AS PETITIONER IS CONCERNED IN RESPECT OF MANUFACTURING PREMISES SITUATED AT SY. NO.622/5, R.S. NO.174, MACCHE INDUSTRIAL AREA, MACCHE, TAL & DIST. BELAGAVI AND ETC. IN W.P.NO.100347/2026
BETWEEN:
M/S. MORDEKAR FOUNDERS & ENGINEERS REPRESENTED BY ITS PROPRIETOR SHRI GOPAL S/O APPARAO MORDEKAR, AGE: 77 YEARS, OCC: BUSINESS, R/O #351/2, 3RD CROSS, MADWARA ROAD, BELAGAVI-590001. ...PETITIONER
(BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE (V.C.))
- 11 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN, PARISARA BHAVANA, #49, CHURCH STREET, BENGALURU-560001. 2. SENIOR ENVIRONMENTAL OFFICER
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001. 3. DEPUTY ENVIRONMENTAL OFFICER,
REGIONAL OFFICE – BELAGAVI-1,
KARNATAKA STATE POLLUTION CONTROL BOARD
MAIN ROAD, AUTO NAGAR,
KANBARGI INDUSTRIAL AREA,
BELAGAVI-590015. 4. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI-590001. 5. THE MANAGING DIRECTOR, HESCOM,
KPTCL COLONY, NEHRU NAGAR,
BELAGAVI-590001. 6. THE EXECUTIVE ENGINEER & ASST. ENGINEER
HESCOM, BELAGAVI DISTRICT,
OPP. BELGAUM RLY STATION,
BELAGAVI-590001. ...RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.
PCB/SEO-ENF-CMP/CLOSURE ORDER WPC/2025- 26/196 UNDER SECTION 33A OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974 VIDE ANNEXURE-B DATED 02-09-2025 AND PCB/SEO-ENF-CMP/CLOSURE ORDER -APC/2025- 26/197 UNDER SECTION 31(A) OF THE AIR (PREVENTION &
- 12 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
CONTROL OF POLLUTION) ACT, 1981 DATED 02-09-2025 AT ANNEXURE-B1 ISSUED BY SENIOR ENVIRONMENTAL OFFICER i.e., 2ND RESPONDENT, IN SO FAR AS PETITIONER IS CONCERNED IN RESPECT OF MANUFACTURING PREMISES SITUATED AT SY. NO.622/1, MACCHE INDUSTRIAL AREA, MACCHE, TAL & DIST. BELAGAVI AND ETC. IN W.P. NO.100348/2026
BETWEEN:
M/S. VAISHALI INDUSTRIES REPRESENTED BY ITS PROPRIETOR SHRI VIVEK S/O SUBHASH BHADAVANKAR, AGE: 37 YEARS, OCC: BUSINESS R/O HAVEL NAGAR, MACCHE TAL & DIST. BELAGAVI-590001. ...PETITIONER
(BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE (V.C.))
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
PARISARA BHAVAN, #49, CHURCH STREET, BENGALURU-560001. 2. SENIOR ENVIRONMENTAL OFFICER,
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001. 3. DEPUTY ENVIRONMENTAL OFFICER,
REGIONAL OFFICE BELAGAVI 1
KARNATAKA STATE POLLUTION CONTROL BOARD
MAIN ROAD, AUTO NAGAR,
KANBARGI INDUSTRIAL AREA,
BELAGAVI-590015. 4. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI-590001. - 13 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
5. THE MANAGING DIRECTOR, HESCOM
KPTCL COLONY, NEHRU NAGAR,
BELAGAVI-590001. 6. THE EXECUTIVE ENGINEER & ASST. ENGINEER
HESCOM, BELAGAVI DISTRICT,
OPP. BELGAUM RLY STATION,
BELAGAVI-590001. ...RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.
PCB/SEO-ENF-CMP/CLOSURE ORDER WPC/2025- 26/190 UNDER SECTION 33A OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974 VIDE ANNEXURE-B DATED 02-09-2025 AND PCB/SEO-ENF-CMP/CLOSURE ORDER -APC/2025- 26/191 UNDER SECTION 31(A) OF THE AIR (PREVENTION & CONTROL OF POLLUTION) ACT, 1981 DATED 02-09-2025 AT ANNEXURE-B1 ISSUED BY SENIOR ENVIRONMENTAL OFFICER i.e., 2ND RESPONDENT, IN SO FAR AS PETITIONER IS CONCERNED IN RESPECT OF MANUFACTURING PREMISES SITUATED AT SY. NO.622, MACCHE INDUSTRIAL AREA, MACCHE, TAL & DIST. BELAGAVI AND ETC. IN W.P. NO.100349/2026
BETWEEN:
M/S. ANWIKA FERROCAST REPRESENTED BY ITS PARTNER SHRI GIRISH S/O MADHUKAR RANOJI, AGE: 32 YEARS, OCC: BUSINESS, R/O #781, MARUTI GALLI, MACHHE, BELAGAVI-590014. ...PETITIONER
(BY SRI. KISHOR SUDHAKAR SUTAR, ADVOCATE (V.C.))
- 14 -
HC-KAR
CNR: KAHC010600632026 NC: 2026:KHC:47488-DB WP No. 106920 of 2025 C/W WP No. 106921 of 2025 WP No. 107319 of 2025 AND 6 OTHERS
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD,
REPRESENTED BY ITS CHAIRMAN,
PARISARA BHAVAN, #49, CHURCH STREET, BENGALURU-560001. 2. SENIOR ENVIRONMENTAL OFFICER,
PARIASARA BHAVAN, #49,
CHURCH STREET, BENGALURU-560001. 3. DEPUTY ENVIRONMENTAL OFFICER,
REGIONAL OFFICE – BELAGAVI-1
KARNATAKA STATE POLLUTION CONTROL BOARD
MAIN ROAD, AUTO NAGAR,
KANBARGI INDUSTRIAL AREA,
BELAGAVI-590015. 4. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT,
BELAGAVI-590001. 5. THE MANAGING DIRECTOR, HESCOM
KPTCL COLONY, NEHRU NAGAR,
BELAGAVI-590001. 6. THE EXECUTIVE ENGINEER & ASST. ENGINEER
HESCOM, BELAGAVI DISTRICT,
OPP. BELGAUM RLY STATION,
BELAGAVI-590001. ...RESPONDENTS
(BY SRI. A. MAHESH CHOWDHARY, ADVOCATE FOR R-1 TO R-3;
SMT. NILOUFER AKBAR, AGA FOR R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER BEARING NO.
PCB/SEO-ENF-CMP/CLOSURE ORDER WPC/2025- 26/194 UNDER SECTION 33A OF THE WATER (PREVENTION & CONTROL OF POLLUTION) ACT 1974 VIDE ANNEXURE-B DATED 02-09-2025 AND PCB/SEO-ENF-CMP/CLOSURE ORDER -APC/2025- 26/195 UNDER SECTION 31(A) OF THE AIR (PREVENTION &
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CONTROL OF POLLUTION) ACT, 1981 DATED 02-09-2025 AT ANNEXURE-B1 ISSUED BY SENIOR ENVIRONMENTAL OFFICER i.e., 2ND RESPONDENT, IN SO FAR AS PETITIONER IS CONCERNED IN RESPECT OF MANUFACTURING PREMISES SITUATED AT SY. NO.622/A, MACCHE INDUSTRIAL AREA, MACCHE, TAL & DIST. BELAGAVI AND ETC. THESE PETITIONS, 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. These batch of petitions were listed yesterday and were adjourned, as the learned counsel appearing for the Karnataka State Pollution Control Board [KSPCB] sought time to seek instructions.
2. The learned counsel appearing for the KSPCB submits that the very same petitioners have already filed petitions before this Court seeking similar reliefs, which are currently pending
consideration before this Court. He handed over a copy of the
order sheet in one such petition, W.P. No.30110/2025, filed by M/s. India Iron Works. The order sheet indicates that the said petition was moved on 30.09.2025 and the learned counsel for the
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petitioner was directed to place on record the Consent for Establishment [CFE] and Consent for Operation [CFO]. It was also clarified that if the same was not placed on record, an adverse inference would be drawn. He states that similar orders were passed in other petitions as well.
3. It is apparent that the petitioner does not have the CFO and is operating the industry without the necessary compliances. It is further noted that the aforementioned petition (W.P. No.30110/2025) was thereafter listed on five occasions to enable the petitioner to cure the office objections. However, the same have not been cured. It is apparent that having failed to secure any interim orders in W.P. No.30110/2025, the petitioners have now filed the present petitions.
4. The learned counsel for the petitioners seeks to withdraw the present petitions.
5. In our view the filing of these petitions constitutes an abuse of the process of law and warrants composition of costs. Accordingly, the present petitions are dismissed as withdrawn. However, we consider it apposite to impose costs of `10,000/- in
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respect of each petition. The costs shall be paid to the Karnataka Advocates’ Clerks Benevolent Trust, Bengaluru, within a period of four weeks from date.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 3