- 1 - HC-KAR NC: 2026:KHC:21614-DB WP No. 3586 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST 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. 3586 OF 2025 (GM-POL) BETWEEN: 1. M/S ASSOCIATE DECOR LIMITED (COMPANY UNDER CORPORATE INSOLVENCY RESOLUTION PROCESS) REPRESENTED BY AUTHORISED REPRESENTATIVE MR. KOUDIJI MALLIKARJUNA OF MR. ALOK KAILASH SAKSENA RESOLUTION PROFESSIONAL (COMPANY UNDER CORPORATE INSOLVENCY RESOLUTION PROCESS) C/O DESAI SAKSENA AND ASSOCIATES CHARTERED ACCOUNTANTS HAVING ITS OFFICE AT: 1ST FLOOR LAXMI BUILDING SIR PHIROZSHAH MEHTA ROAD FORT MUMBAI - 400 001 ALSO HAVING ITS REGISTERED OFFICE AT: PLOT NO. 1, PHASE 4 KIADB INDUSTRIAL AREA MALUR TALUK, KOLAR DISTRICT KARNATAKA - 563 160 …PETITIONER (BY SRI AJAY RAO, ADVOCATE) Digitally signed by K P SWETHA Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21614-DB WP No. 3586 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BANGALORE - 560 001 2. KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY THE CHAIRMAN "PARISARA BHAVAN" 1ST TO 5TH FLOOR 49, CHURCH STREET BANGALORE - 560 001 3. MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD "PARISARA BHAVAN" 1ST TO 5TH FLOOR #49, CHURCH STREET BANGALORE - 560 001 4. SENIOR ENVIRONMENT OFFICER KSPCB NEIA SECTION "PARISARA BHAVAN" 3RD FLOOR, NO.49, CHURCH STREET BANGALORE - 560 001 …RESPONDENTS (BY MS. NILOUFER AKBAR, AGA FOR R-1 & SRI A. MAHESH CHOWDHARY, ADVOCATE A/W MS. RASHI SINGH, ADVOCATE FOR R-2 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION AND QUASH THE IMPUGNED ORDER BEARING No.PCB/766/NOB/2024- 25/205 DATED 29.01.2025 ANNEXURE-M ISSUED BY THE RESPONDENT No.3 & ETC. - 3 - HC-KAR NC: 2026:KHC:21614-DB WP No. 3586 of 2025 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 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition impugning an order dated 29.01.2025 passed by respondent No.3-Karnataka State Pollution Control Board [KSPCB] rejecting the petitioner's request for Consent for Operation [CFO]. The petitioner further prays that such a consent be granted. 2. A plain reading of the impugned order indicates that it is premised on a report of an inspecting team who visited the petitioner's industry on 27.06.2024. The main observations of the inspecting team are also noted in the impugned order. 3. It is the petitioner's case that the CFO was deemed to have been granted by virtue of the Air (Prevention and Control of Pollution) Act, 1981. - 4 - HC-KAR NC: 2026:KHC:21614-DB WP No. 3586 of 2025 4. This is stoutly contested by the learned counsel for the KSPCB. He points out that the application for renewal of CFO was made on 25.06.2024 and the decision is based on an inspection that was conducted on 27.06.2024. The petitioner also contends that the inspection report was not furnished to the petitioner. 5. In view of the above, the learned counsel for the KSPCB submits that the impugned order may be set aside with a liberty to the petitioner to respond to the inspection report. 6. The KSPCB shall hear the petitioner in this regard and take a fresh decision. However, the learned counsel for the KSPCB clarifies that it may not be open for the petitioner to raise a claim for deemed grant of CFO. 7. The learned counsel appearing for the petitioner states that the petitioner is agreeable to the said suggestion. 8. In view of the consensus between the counsel, the impugned order is set aside. The KSPCB shall pass a fresh order in regard to the petitioner's application dated 25.06.2024 as expeditiously as possible, after affording the petitioner an opportunity to be heard. - 5 - HC-KAR NC: 2026:KHC:21614-DB WP No. 3586 of 2025 The petitioner is also permitted to furnish its response/representation within a period of two weeks from date. It is clarified that it would not be open for the petitioner to have a deemed CFO. However, till the KSPCB renders a fresh decision, the petitioner would not be impeded in running its industry. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE KPS List No.: 1 Sl No.: 42