The Kudachi Agricultural and Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

The Kudachi Agricultural and Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the petition; liberty expressly preserved to challenge the closure order in accordance with law and on its own merits, with no opinion expressed by the court on those merits.

Issue for consideration

Whether the refusal orders dated 18.03.2024 and 20.04.2024 passed by Respondent No.3 vide Annexure-P and Annexure-P1 should be quashed by a writ of certiorari under Article 226 of the Constitution of India.

Ratio / Principle

The memo filed by the petitioner seeking withdrawal of the petition on the ground that a closure order has been passed is taken on record and permission to withdraw is granted.

Key takeaways

The writ petition is dismissed as withdrawn.ratio¶36
The dismissal as withdrawn will not come in the way of the petitioner challenging the closure order in accordance with law and on its own merits; the court does not express any opinion on the merits of the closure order.ratio¶38
In view of the dismissal of the petition, the pending interlocutory applications do not survive and stand disposed of.ratio

Detailed headnote1 paragraphs

Writ Petition (GM-POL) No. 32077 of 2024, High Court of Karnataka at Bengaluru, decided 19.03.2025 by Chief Justice N. V. Anjaria (author) and Justice M. I. Arun. The petitioner co-operative society had approached the court under Article 226 seeking a writ of certiorari to quash refusal orders dated 18.03.2024 and 20.04.2024 passed by Respondent No.3, the Zonal Environmental Officer, Karnataka State Pollution Control Board, Zonal Office, Belagavi (Annexures-P and P1). Before adjudication, the petitioner filed a memo seeking withdrawal on the ground that a closure order had since been passed. The court took the memo on record, granted permission, and dismissed the petition as withdrawn, expressly preserving the petitioner's liberty to challenge the closure order in accordance with law and on its own merits while expressing no opinion on those merits; pending interlocutory applications were held not to survive and stood disposed of.

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NC: 2025:KHC:11537-DB WP No. 32077 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF MARCH, 2025

PRESENT

THE HON'BLE MR. N.V. ANJARIA, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE M.I. ARUN WRIT PETITION NO. 32077 OF 2024 (GM-POL)

BETWEEN:

THE KUDACHI AGRICULTURAL AND SMALL SCALE INDUSTRIES MULTIPURPOSE DEVELOPMENT CO-OPERATIVE SOCIETY LTD., REP. BY ITS SECRETARY, KUDACHI RAIBAG TALUK, BELAGAVI DISTRICT-591311

…PETITIONER

(BY SRI GURUMATH G. RUDRAMUNI SHARMA, SENIOR ADVOCATE FOR SRI DESAI RAJENDRA CHANDRASHEKAR, ADVOCATE)

AND:

Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka

THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF ENVIRONMENT AND FOREST 708, 7TH FLOOR, M.S. BUILDING GATE NO.4, AMBEDKAR VEEDHI BENGALURU-560001

THE CHAIRMAN/MEMBER SECRETARY KARNATAKA STATE POLLUTION CONTROL BOARD PARISARA BHAVAN, NO.49, CHURCH STREET BENGALURU-560001

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NC: 2025:KHC:11537-DB WP No. 32077 of 2024

THE ZONAL ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD ZONAL OFFICE, BELAGAVI, 1ST FLOOR, PLOT NO.1 AUTO NAGAR, KANABARGI INDUSTRIAL AREA BELAGAVI-590015

THE ENVIRONMENTAL OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD HARINAGAR, 5TH CROSS, CHIKODI-591201

TALUK: CHIKODI, DISTRICT: BELAGAVI

DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS O/O DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS CHIKKODI-591201

BLOCK EDUCATION OFFICER RAIBAG, RAIBAG TAUK BELAGAVI DISTRICT-591317

ROYAL INDIAN ACADEMY REPRESENTED BY ITS CHAIRMAN GNANADEEP EDUCATION SOCIETY KUDACHI, RAIBAG TALUK BELAGAVI DISTRICT-591311

…RESPONDENTS

(BY SMT. NILOUFER AKBAR, AGA FOR R-1, 5 AND 6; SRI A MAHESH CHOWDHARY, ADVOCATE FOR R-2 TO 4)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE REFUSAL ORDERS DATED 18.03.2024 AND 20.04.2024 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-P AND ANNEXURE-P1 AND ETC.

3 - NC: 2025:KHC:11537-DB WP No. 32077 of 2024

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Memo on behalf of the petitioner is filed in court today

seeking permission to withdraw the petition on the ground that closure order is passed.

Memo is taken on record. Permission is granted.

The petition is accordingly dismissed as withdrawn.

This order will not come in the way of the petitioner to

challenge the closure order in accordance with law and on its own merits in respect of which, however, this court does not express any opinion on merits.

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NC: 2025:KHC:11537-DB WP No. 32077 of 2024

In view of dismissal of the petition, the interlocutory applications, as may be pending, would not survive and they stand accordingly disposed of.

Sd/(N. V. ANJARIA) CHIEF JUSTICE

Sd/(M.I.ARUN) JUDGE

BKV List No.: 1 Sl No.: 71