Karnataka High Court
WP/3824/2025 of KARNATAKA STATE POLLUTION CONTROL BOARD Vs M/S BRUNDHAVANA FOUNDATION on 10 September 2026
CNR: KAHC010090112025 NC: 2026:KHC:49292-DB WP No. 3824 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 3824 OF 2025 (GM-POL)
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 3824 OF 2025 (GM-POL)
BETWEEN:
1.
KARNATAKA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS SENIOR ENVIRONMENTAL
OFFICER (I/C)
AGED 56 YEARS
S/O MADASETTY D.P.
PARISARA BHAVAN
1ST TO 5TH FLOOR
49, CHURCH STREET
BANGALORE - 560 001, KARNATAKA
…PETITIONER
(BY SRI A. MAHESH CHOWDHARY, ADVOCATE)
AND:
1.
M/S BRUNDHAVANA FOUNDATION
REGISTERED TRUST
THROUGH ITS SECRETARY BALASAHEB
S/O SIDHARAM DESHMUKH
AGED 43 YEARS
R/A CORPORATE OFFICE
#1-1165/12/FF/1
DESHMUKH'S COMPLEX
PDA ENGINEERING COLLEGE ROAD
KALABURAGI - 585 102
Digitally
signed by K
P SWETHA
Location:
High Court
of Karnataka
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2.
DEPUTY COMMISSIONER
OFFICE OF DEPUTY COMMISSIONER
ROOM NO.8
MINI VIDHANA SOUDHA
KALABURAGI - 585 101.
(AMENDED VIDE COURT ORDER DATED 12.02.2025)
…RESPONDENT
(BY SMT. AMOOLYA N. PRASAD, ADVOCATE FOR
SMT. VAISHALI HEGDE, ADVOCATE FOR R-1
SMT. NILOUFER AKBAR, AGA FOR R-2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER DIRECTION TO QUASH THE
IMPUGNED ORDER PASSED BY THE HON'BLE NGT IN APPEAL
No.72/2024 (SZ) DATED 16.01.2025 VIDE ANNEXURE-A AS THE
SAME IS ARBITRARY AND BAD IN THE EYES OF LAW & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The Karnataka State Pollution Control Board [KSPCB] has filed the present petition impugning an order dated 16.01.2025
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passed by the National Green Tribunal [NGT] in Appeal No.72/2024 (SZ).
2. Although the impugned order is an appealable order, it is the petitioner's contention that it was passed without affording any opportunity to be heard.
3. At this stage, we may note that in terms of the impugned order, the learned NGT had set aside the closure order dated 07.12.2024 passed by the KSPCB. Further, a direction was given to KSPCB to inspect the unit within a period of one week from the date of receipt of the said order and other consequential directions were issued.
4. The learned counsel appearing for the parties state that the present petition has become infructuous as the unit is closed down.
5. The learned counsel appearing for respondent No.1 also states that the agreements entered into for operation and maintenance of Biomedical Waste Treatment facility has also been expired with efflux of time.
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6. In view of the above, the present petition is disposed of. However, we clarify that all rights and contentions of the parties are reserved.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KPS List No.: 2 Sl No.: 12