PRESENT THE HON'BLE MR. N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE
Case Details
- 1 - NC: 2025:KHC:16171-DB WP No. 10374 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 10374 OF 2025 (GM-POL) BETWEEN: 1. M/S ULTRA CONMIX
Legal Reasoning
A REGISTERED PARTNERSHIP FIRM REGISTERED UNDER INDIAN PARTNERSHIP ACT GST No.29AAGFU8990B1ZP, OFFICE AT: SY.No.61/1 AND 61/2, SHESHAGIRIHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT 562109. REP. BY ITS PARTNER MR. R. SHIVAPPA S/O. MR. RAMAKRISHNAPPA. …PETITIONER
Legal Reasoning
(BY SRI SHRIDHAR HEGDE, ADVOCATE) AND: 1. THE KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVANA, CHURCH STREET, BANGALORE-560001. REPRESENTED BY ITS CHAIRMAN. 2. THE SENIOR ENVIRONMENTAL OFFICER, KARNATAKA STATE POLLUTION CONTROL BOARD, ZONAL OFFICE, RAMANAGARA PARISARA BHAVAN, 1ST FLOOR, NEAR DC OFFICE, BANGALORE-MYSORE ROAD, RAMANAGARA 562159. (BY SRI MAHESH CHOWDHARY, ADVOCATE) …RESPONDENTS Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16171-DB WP No. 10374 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED NOTICE/ ORDER DATED 27.2.2025 BEARING SERIAL No.KSPCB/RSEO-RAMANAGARA/ULTRA CONMIX/2024-25/287 AS PER ANNEXURE-K ISSUED BY THE RESPONDENT No-2 IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Shridhar Hegde for the petitioner and learned advocate Mr. Mahesh Chowdhary, who appeared upon service of copy of the petition in advance on behalf of respondent-the Karnataka State Pollution Control Board and its authority. 2. The challenge is sought to be raised by the petitioner against notice dated 27.02.2025 issued by competent authority respondent No.1-the Karnataka State Pollution Control Board [for short 'Board'] whereby the petitioner asked to submit its explanation within fifteen days and to file the objections failing which, it is provided that the - 3 - NC: 2025:KHC:16171-DB WP No. 10374 of 2025 Board will take necessary action in accordance with law and the directions issued in the notice. 3. The submissions sought to be advanced by learned advocate for the petitioner was that the said notice was issued at the instance and under the influence of Member of Legislative Assembly who submitted complaint dated 25.02.2025. 3.1 At first blush, the said argument looked attractive when the reference is mentioned in the notice included the reference of the said complaint by the Member of Legislative Assembly. 3.2 However on a closure look of the notice it became clear that the notice is based on the inspection of the unit of the petitioner by the team of the Pollution Control Board which in course of the inspection noticed certain irregularities. The notice stated that in view of the irregularities and breach of the various pollution laws prima facie found by the petitioner, it has proposed to issue the directions to the petitioner. 3.3 The directions proposed as stated in the impugned notice arise as under, - 4 - NC: 2025:KHC:16171-DB WP No. 10374 of 2025 To the Occupier, M/s Ultra Conmix, Sy. No.61/1 & 61/2, Sheshagirihalli Village, Bidadi Hobli, Ramanagara Taluk and District the operation or process forthwith and until further orders and also why Board shall not levy Environmental Compensation on the industry for the environment damage. to close to issue necessary directions To the Managing Director, BESCOM, Bangalore 560001, the concerned Executive Engineer, and Assistant Executive Engineer of BESCOM, Bidadi Hobli, Ramanagara to stop/cut-off power supply to the said industry forthwith and until further orders. to To the Executive Engineer-1, KIADB No.14/3, 2nd Floor, Maharshi Aravinda Bhavan, Nrupathunga Road, Bangalore to stop/cut-off water supply to the industry forthwith and until further orders. "(i) (ii) (iii) (iv) To levy Environmental compensation as per the directions issued by the Hon'ble NGT in the matter OA No. 593/2017(WP (CIVIL) No.375/2012 as mentioned in CPCB Office order vide ref (8) from the date of observations of the non compliance of your industry. (v) To request the Deputy Commissioner, Ramanagara to seize the industry forthwith and until further orders." 3.4 The notice only calls upon the petitioner to submit explanation and file a reply to the said aspects. 4. Learned advocate for the petitioner stated that the petitioner has already submitted its reply to the impugned show cause notice and in respect of the contents thereof. - 5 - NC: 2025:KHC:16171-DB WP No. 10374 of 2025 5. It is evident from the facts that the impugned communication dated 27.02.2025 is only in the nature of show cause notice whereby the petitioner has asked to submit its objection to the proposed action which may be taken after consideration of the objection of the petitioner and the Board. As on date, there is no closure order, much less any provisional closure order. 5.1 When the matter is at notice stage and the petitioner is asked to submit its explanation, the jurisdiction under Article 226 of the Constitution is not liable to be exercised. The petition is premature as the Board has not taken any decision pursuant to the notice. A further aspect which was admitted by learned advocate for the petitioner is that it has already filed a reply which is under consideration of the Board. 6. In the aforesaid view, without going into the merits of the petitioner's case. 7. The Board will be taking appropriate decision in accordance with law after taking into account the reply filed by the petitioner, this petition is not entertained and stands dismissed. - 6 - NC: 2025:KHC:16171-DB WP No. 10374 of 2025 It goes without saying until appropriate decision in accordance with law is taken by the Board in response to the show cause notice, there shall be no coercive steps against the petitioner. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 12