IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA WRIT PETITION NO.23094 OF 2023 (GM-RES-PIL) BETWEEN: SRI. PANDURANGA MAHADEVA KAMBLE S/O MAHADEVA KAMBLE AGED ABOUT 42 YEARS R/O HUBBARAVADI VILLAGE RAIBAG TALUK BELAGAVI DISTRICT-591 317 …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF RURAL DRINKING WATER SUPPLY AND SANITATION 2ND FLOOR, E BLOCK KHB BUIDLING CAUVERY BHAVAN BENGALURU 560 001 Digitally signed by RAKSHA Location: High Court of Karnataka 2 2. THE EXECUTIVE ENGINEER DEAPRTMENT OF RURAL WATER SUPPLY AND SANITATION CHIKKODI 591 201 3. THE ASSISTANT EXECUTIVE ENGINEER RURAL WATER SUPPLY AND SANITATION SUB-DIVISION RAIBAG 591 317 4. CHILD DEVELOMENT PROJECT OFFICER DEPARTMENT OF WOMEN ADN CHILD WELFARE RAIBAG 570 001 5. BLOCK EDUCATION OFFICER RAIBAG BELAGAVI DISTRICT 591 317 6. THE THASILDHAR RAIBAG TALUK BELAGAVI DISTRICT 591 317 7. PUBLIC DEVELOPMENT OFFICER HUBBARAVADI GRAM PANCHAYATH HUBBARAVADI RAIBAG TALUK BELAGAVI DISTRICT 591 317 8. EXECUTIVE OFFICER TALUK PANCHAYATH 3 RAIBAG TALUK BELAGAVI DISTRICT 591 317 9. THE EXECUTIVE ENGINEER HESCOM RAIBAG BELAGAVI DISTRICT 591 317 10. GANGA KAVERI GODAVARI FURTILIZERS PVT. LTD. HUBBARAVADI VILLAGE RAIBAG TALUK BELAGAVI DISTRICT 591 317 REP. BY ITS MANAGER MAHESH MUGALATHODA 11. CHAIRMAN KARNATAKA STATE POLLUTION CONTROL BOARD "PARISARA" BHAVAN NO.49, CHURCH STREET BANGALORE 560 001 (AMENDED AS PER ORDER DATED 30.01.2025) …RESPONDENTS (BY SRI. S.R.KHAMROZ KHAN, AGA FOR R1 TO R6; SRI. L. BALAKRISHNA, ADV FOR R7 & R8; R9 IS SERVED AND UNREPRESENTED; 4 SRI. NITIN RAMESH, ADV FOR R10; SMT. KRISHIKA VAISHNAV, ADV FOR SRI. MAHESH CHOUDHARAY, ADV FOR R11) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION, IN THE NATURE OF WRIT, DIRECTING THE RESPONDENT No.3 TO 9 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER PRODUCED AS ANNEXURE-A TO ANNEXURE-A5 TO THE WRIT PETITION AND ETC. THIS WRIT PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 15.09.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE T.P.VIVEKANANDA 5 CAV JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This Writ Petition is filed seeking the following reliefs:- a) Issue writ of mandamus or any other writ or order or direction, in the nature of writ, directing the respondent No.3 to 9 to consider the representations made by the petitioner produced as ANNEXURE-A to ANNEXURE-A.5 to the writ petition. b) Issue writ of mandamus or any other writ or order or direction, in the nature of writ, directing the respondent No.2 and respondent No.9 to take appropriate actions in terms of official communications forwarded by the respondent No.7 as produced ANNEXURE- C, ANNEXURE-D, ANNEXURE-E and ANNEXURE-J to the writ petition. 2. We have heard Shri. Dhananjay Kumar, learned counsel appearing for the writ petitioner, Shri. S.R. Khamroz Khan, learned Additional Government Advocate appearing for respondents No.1 to 6, Shri. L. Balakrishna, learned counsel appearing for respondents No.7 and 8, Shri. Nitin Ramesh, learned counsel appearing for respondent No.10 and Smt. Krishika Vaishnav, learned counsel appearing for respondent No.11. 3. A fertilizer godown is functioning adjacent to the Government Higher Primary School and Anganwadi Centre 6 at Hubbaravadi Village. The learned counsel appearing for the writ petitioner contends that the loading and unloading of fertilizers, movement of heavy vehicles and activities of the employees and drivers of the godown were causing dust, noise and disturbance to the school children and had also resulted in contamination of the nearby borewell water, which was the only source of drinking water for the Hubbaravadi Village. It is contended that the continued functioning of the godown at the said location is harmful to the health and safety of the children and villagers. 4. This Court, by order dated 06.01.2025, constituted a Joint Committee to examine the grievances raised in the writ petition. The Joint Committee conducted an inspection on 27.01.2025 and thereafter submitted its report, which is placed on record. 5. We have perused the report of the Joint Committee. The report records that the premises is used only as a godown for the storage and distribution of fertilizers and that no manufacturing activity or generation or discharge of trade effluent takes place therein. It further 7 records that the borewell which was earlier used to supply drinking water to the village has been permanently closed by the Rural Water Supply and Sanitation Department and is not presently used for drinking purposes. The report also records that the borewell situated in the school premises is not being used for drinking purposes and that the drinking water is being supplied to the school from the borewell situated near Vittal Mandir through a tanker, while the village is also receiving water under the multi-village water- supply scheme sourced from the Krishna River. 6. The report also records that there were earlier complaints regarding the lorry drivers and cleaners of the godown entering or sitting in the school compound, using foul language and throwing waste within the school premises. The godown authorities have appointed a security guard and such activities have stopped thereafter. 7. The learned counsel appearing for the writ petitioner contends that the statements said to have been recorded from the villagers, teachers and students during the joint inspection have not been produced along with the 8 report and that in the absence of such statements, the findings recorded by the Joint Committee cannot be accepted. However, we are of the opinion that the Joint Committee was constituted pursuant to the directions of this Court and that its report was submitted after inspecting the godown, its surrounding areas and the school premises and after interacting with the persons concerned. In the absence of any material casting doubt upon the correctness of the report, we find no reason to view it with suspicion merely because the statements referred to therein have not been separately produced. 8. In view of the findings recorded in the report, the Writ Petition is closed, leaving it open to the writ petitioner, to raise further grievances, if any, before the Competent Authorities including the Grama Panchayath and the Karnataka Pollution Control Board. 9 All pending interlocutory applications shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (T.P.VIVEKANANDA) JUDGE cp*