Writ Petition No. 10728 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 10728 OF 2025 (LB-RES) C/W WRIT PETITION NO. 9984 OF 2025 (LB-RES) WRIT PETITION NO. 10081 OF 2025 (LB-RES) WRIT PETITION NO. 10175 OF 2025 (LB-RES) WRIT PETITION NO. 10461 OF 2025 (LB-RES) WRIT PETITION NO. 10730 OF 2025 (LB-RES) IN W.P. No. 10728/2025 BETWEEN: Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA 1. MANDAVI PARADISE OWNERS ASSOCIATION VIDYARATHNA NAGAR MANIPAL, UDUPI-576 104 REPRESENTED BY ITS SECRETARY SRI WILSON D'SOUZA S/O WILFRED D'SOUZA AGED ABOUT 52 YEARS, RESIDING AT 901, MANDAVI PARADISE VIDYARATHNA NAGAR, MANIPAL UDUPI DISTRICT-576 104 (BY SRI. DHANANJAY KUMAR., ADVOCATE) … PETITIONER - 2 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT VIDHANASOUDHA BENGALURU-560 001 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DEPUTY COMMISSIONER OFFICE RAJATADRI, MANIPAL UDUPI DISTRICT-576 101 3. THE MUNICIPAL COMMISSIONER UDUPI CITY MUNICIPAL COUNCIL KAVI MUDDANNAMARG UDUPI DISTRICT-576 101 4. THE ENVIRONMENTAL ENGINEER UDUPI CITY MUNICIPAL COUNCIL KAVI MUDDANNAMARG UDUPI DISTRICT-576 101 … RESPONDENTS
Legal Reasoning
(BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI T.I. ABDULLA, ADVOCATE FOR R3 & R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES DATED 13.01.2025 AND 11.02.2025 IN NO. UNASA.A.V-3.CR.35/2024-25 ISSUED BY R-3 AND 4 i.e. THE MUNICIPAL COMMISSIONER AND THE ENVIRONMENTAL ENGINEER TO THE PETITIONER VIDE ANNEXURE-A AND A1 AND ETC. - 3 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 IN W.P. NO. 9984/2025 BETWEEN: 1. VIDYARATHNA RESIDENCY ASSOCIATION VIDYARATHNA NAGAR, MANIPAL, UDUPI DISTRICT - 576 104 REPRESENTED BY ITS MANAGER SRI KRISHNA P BHAT, S/O PRABHAKAR BHAT AGED ABOUT 42 YEARS, RESIDING AT 303, SURABHI RESIDENCY SANJEEVANNA MARGA, TANGADAUGADI GUNDIBAIL, AMBAGILU ROAD, UDUPI DISTRICT - 576 103 (BY SRI. DHANANJAY KUMAR., ADVOCATE) ... PETITIONER AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DEPUTY COMMISSIONER OFFICE, RAJATADRI, MANIPAL UDUPI DISTRICT - 576 101 3. THE MUNICIPAL COMMISSIONER UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG UDUPI DISTRICT - 576 101 - 4 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 4. THE ENVIRONMENTAL ENGINEER UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG UDUPI DISTRICT - 576 101 (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI T.I. ABDULLA, ADVOCATE FOR R3 & R4) ... RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES DATED 13.01.2025 AND 11.02.2025 IN NO. UNASA.AA.V-3.CR.04/2024-25 ISSUED BY R-3 AND 4 i.e. THE THE ENVIRONMENTAL ENGINEER TO THE PETITIONER VIDE ANNEXURE-A AND A1 AND ETC. COMMISSIONER MUNICIPAL AND IN W.P. NO. 10081/2025 BETWEEN: 1. SHAMBHAVI HABITAT ASSOCIATION VIDYARATHNA NAGAR, MANIPAL - PERAMPALLI ROAD, MANIPAL, UDUPI DISTRICT - 576 104, REPRESENTED BY ITS PRESIDENT, DR. RAVINDRANATH SHANBHOGUE, S/O LATE. SADANANDA SHANBHOGUE, AGED ABOUT 75 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) RESIDING AT 604, SHAMBHAVI HABITAT, IDYARATHNA NAGAR, MANIPAL - PERAMPALLI ROAD, MANIPAL, UDUPI DISTRICT - 576 104 (BY SRI. DHANANJAY KUMAR., ADVOCATE) ... PETITIONER - 5 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DEPUTY COMMISSIONER OFFICE, RAJATADRI, MANIPAL UDUPI DISTRICT - 576 101 3. THE MUNICIPAL COMMISSIONER UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG UDUPI DISTRICT - 576 101 4. THE ENVIRONMENTAL ENGINEER UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG UDUPI DISTRICT - 576 101 ... RESPONDENTS (BY SRI BOPANNA BELLIAPPA, AGA FOR R1 & R2; SRI T.I. ABDULLA, ADVOCATE FOR R3 & R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES DATED. 13.01.2025 AND 11.02.2025 IN NO. UNASA.AA.V-3.CR.11/2024-25 ISSUED BY R-3 AND 4 i.e. THE THE ENVIRONMENTAL ENGINEER TO THE PETITIONER VIDE ANNEXURE-A AND A1 AND ETC. COMMISSIONER MUNICIPAL AND - 6 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 IN W.P. NO. 10175/2025 BETWEEN: 1. SHAMBHAVI EMPIRE ASSOCIATION VIDYARATHNA NAGAR, MANIPAL PERAMPALLI ROAD, MANIPAL, UDUPI DISTRICT - 576 104, REPRESENTED BY ITS PRESIDENT, SRI. MANGALORE MADHUKAR RAO, S/OMANGALORE PRABHAKAR, AGED ABOUT 65 YEARS, (SENIOR CITIZENS BENEFITS NOT CLAIMED) RESIDING AT 601, SHAMBHAVI EMPIRE, VIDYARATHNA NAGAR, MANIPAL - PERAMPALLI ROAD, MAANIPAL, UDUPI DISTRICT - 576 104 (BY SRI. DHANANJAY KUMAR., ADVOCATE) ... PETITIONER AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, DEPUTY COMMISSIONER OFFICE, RAJATADRI, MANIPAL, UDUPI DISTRICT - 576 101. - 7 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 3. THE MUNICIPAL COMMISSIONER, UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG, UDUPI DISTRICT - 576 101. 4. THE ENVIRONMENTAL ENGINEER UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG, UDUPI DISTRICT - 576 101. (BY SRI BOPANNA BELLIAPPA, AGA FOR R1 & R2; SRI T.I. ABDULLA, ADVOCATE FOR R3 & R4) ... RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES DATED 13.01.2025 AND 11.02.2025 IN NO. UNASA.AA.V-3.CR.10/2024-25 ISSUED BY R-3 AND 4 i.e. THE THE ENVIRONMENTAL ENGINEER TO THE PETITIONER VIDE ANNEXURE-A AND A1 AND ETC. COMMISSIONER MUNICIPAL AND IN W.P. NO. 10461/2025 BETWEEN: 1. MANDAVI EMERALD FLAT OWNERS' ASSOCIATION VIDYARATHNA NAGAR, END POINT ROAD MANIPAL, UDUPI DISTRICT - 576 104 REPRESENTED BY ITS PRESIDENT SRI SATHYARAJ S/O DHARMAN SHETTIGAR AGED ABOUT 36 YEARS RESIDING AT 505, MANDAVI EMERRALD A TOWER VIDYARATHNA NAGAR - 8 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 MANIPAL, UDUPI DISTRICT-576 104 (NOT REGISTERED) (BY SRI. DHANANJAY KUMAR., ADVOCATE) ... PETITIONER AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, DEPUTY COMMISSIONER OFFICE, RAJATADRI, MANIPAL, UDUPI DISTRICT - 576 101. 3. THE MUNICIPAL COMMISSIONER, UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG, UDUPI DISTRICT - 576 101. 4. THE ENVIRONMENTAL ENGINEER UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG, UDUPI DISTRICT - 576 101. (BY SRI BOPANNA BELLIAPPA, AGA FOR R1 & R2; SRI T.I. ABDULLA, ADVOCATE FOR R3 & R4) ... RESPONDENTS - 9 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES DATED 13.01.2025 AND 11.02.2025 IN NO. UNASA.AA.V-3.CR.19/2024-25 ISSUED BY R-3 AND 4 i.e. THE THE ENVIRONMENTAL ENGINEER TO THE PETITIONER VIDE ANNEXURE-A AND A1 AND ETC. COMMISSIONER MUNICIPAL AND IN W.P. NO. 10730/2025 BETWEEN: 1. PREMIER GREENWOODS HOUSING SOCIETY (REGD) A REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT 1972 (KARNATAKA ACT 17 OF 1960) VIDYARATHNA NAGAR, MANIPAL UDUPI DISTRICT - 576 104 REPRESENTED BY ITS PRESIDENT SRI ASHOK K S/O LATE VASU K AGED ABOUT 68 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) RESIDING AT NO.15/1, KMC FLATS MADHAVANAGAR, MANIPAL UDUPI DISTRICT - 576 104 (BY SRI. DHANANJAY KUMAR., ADVOCATE) ... PETITIONER AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, - 10 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, DEPUTY COMMISSIONER OFFICE, RAJATADRI, MANIPAL, UDUPI DISTRICT - 576 101. 3. THE MUNICIPAL COMMISSIONER, UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG, UDUPI DISTRICT - 576 101. 4. THE ENVIRONMENTAL ENGINEER UDUPI CITY MUNICIPAL COUNCIL, KAVI MUDDANNA MARG, UDUPI DISTRICT - 576 101. (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI T.I. ABDULLA, ADVOCATE FOR R3 & R4) ... RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES DATED 13.01.2025 AND 11.02.2025 IN NO. UNASA.AA.V-3.CR.26/2024-25 ISSUED BY R-3 AND 4 i.e. THE THE ENVIRONMENTAL ENGINEER TO THE PETITIONER VIDE ANNEXURE-A AND A1 AND ETC. COMMISSIONER MUNICIPAL AND THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 11 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 ORAL ORDER All these petitions are taken up together and are
Decision
disposed off by this common order in light of the identical factual matrix and identical reliefs sought for. 2. Petitioners have challenged the notice at Annexure-A issued by the Municipal Authority whereby there is a specific assertion that the petitioners are letting sewage water into storm water drain causing pollution and also there is possibility of diseases such as Malaria and Dengue. 3. In terms of the notice dated 13.01.2025 at Annexure-A, 7 days time was afforded to the petitioners to make necessary arrangements for scientific disposal of waste water with a further direction to have separate pits. It is noticed that subsequently, another notice at Annexure-A1 came to be issued on 11.02.2025 in which it is stated that as no action has been taken as regards the alleged deficiency by the petitioners and petitioners have - 12 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 been directed to file compliance report as regards deficiency in waste management pointed out by the respondent – Authority, failing which utilities provided to the petitioners would be cut off. 4. Petitioners contend that for the purpose of ascertaining the violation and deficiency as pointed out by the respondent, there ought to be a spot inspection at the site in the presence of the petitioners and the petitioners would have been in a position to point out that there is no such violation as alleged in the notice. It is submitted that without such spot inspection, the notices at Annexures – A and A1 are liable to be set aside. 5. Sri. T. I. Abdulla, learned counsel submits that till date, no response in writing to Annexures-A and A1 has been made and that the Authority would consider the request of the petitioners to carry out a site inspection and prepare a report and proceed further as is permissible in law. - 13 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 6. Taking note of the stand of both sides, petition may be disposed off as follows: (a) Petitioners’ request that the reply may be deferred till a site inspection is made by the respondent, requires acceptance. (b) Accordingly, the respondent – Municipal Authority to carry out a spot inspection, prepare a report and point out in such report as regards non-compliance, if any as made out in notices at Annexures-A and A1. (c) Upon such spot inspection and report being furnished to the petitioners, necessary reply be made to such report within 10 days of furnishing of such report to the petitioners, before taking any further action which may have an adverse consequence on the petitioners pursuant to the reply that is made out. - 14 - NC: 2025:KHC:17482 WP No. 10728 of 2025 C/W WP No. 9984 of 2025, WP No. 10081 of 2025, WP No.10175/2025, WP No. 10461/2025, 10730/2025 (d) Petitioners may be afforded an opportunity of personal hearing during the process of enquiry at appropriate stage. (e) Petitioners to be present at the site and respondent – Municipal Authority to carry out inspection on 12.05.2025 subsequent to which, procedure as stipulated above to be followed. (f) Needless to state respondent – Authority not to take any precipitative action till the procedure of summary enquiry as stipulated above is concluded. Accordingly, petitions are disposed off. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP