THE NANDI SAHAKARI SAKKARE KARKHANE NIYAMIT vs UNION OF INDIA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61441-DB
WP No. 33378 of 2026
CNR: KAHC010738692026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 33378 OF 2026 (GM-POL)
BETWEEN:
1. THE NANDI SAHAKARI SAKKARE
KARKHANE NIYAMIT
REGISTERED UNDER
THE CO-OPERATIVE SOCIETIES ACT
KRISHNANAGAR, HOSUR VILLAGE
BABALESHWAR TALUK
VIJAYPUR - 586 113
REPRESENTED BY ITS
MANAGING DIRECTOR
…PETITIONER
(BY SRI PRAMOD N. KATHAVI, SENIOR ADVOCATE A/W
SRI SHIVARAJ P. MUDHOL, ADVOCATE)
AND:
1. UNION OF INDIA
MINISTRY OF ENVIRONMENT,
FOREST AND CLIMATE CHANGE
INDIRA PARYAVARAN BHAWAN
JORBAGH ROAD, NEW DELHI - 3
REP. BY ITS SECRETARY
2.
CENTRAL POLLUTION CONTROL BOARD
MOEF AND CC- GOVT. OF INDIA
PARIVESH BHAWAN
EAST ARJUN NAGAR
DELHI - 110 032
REP. BY ITS CHAIRMAN
Digitally
signed by
VEERENDRA
KUMAR K M
Location:
High Court of
Karnataka
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WP No. 33378 of 2026
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3. KARNATAKA STATE POLLUTION CONTROL BOARD
PARISARA BHAVANA
TH
1-5 FLOOR, NO.49
CHURCH STREET
SHANTHALA NAGAR
ASHOK NAGAR
BANGALORE - 560 001
REP. BY ITS MEMBER SECRETARY
4. DEPUTY COMMISSIONER
GOPALPUR GALLI
VIJAYPUR - 586 101
5.
HUBBALLI ELECTRICITY
SUPPLY COMPANY LIMITED
VIDYUTH BHAVAN
GOPANAKOPPA
HUBBALLI - 580 023
REP. BY ITS MANAGING DIRECTOR
6.
CANE COMMISSIONER
TH
5 FLOOR, F-BLOCK
CBAB COMPLEX, KAVERI BHAVAN
K.G ROAD, BENGALURU - 560 009
…RESPONDENTS
(BY SRI PRASHANTH MURTHY S.G., CGSC FOR R-1;
MS. SHIVANI P. MURTHY, ADVOCATE FOR
SRI ARJUN RAO, ADVOCATE FOR R-2;
SRI A. MAHESH CHOWDAHRY, ADVCOATE FOR R-3 &
MS. NILOUFER AKBAR, AGA FOR R-4 & R-6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR
DIRECTION MORE IN THE NATURE OF A WRIT OF CERTIORARI
AND QUASH THE ORDER BEARING NO.CP-14/40/2023-IPC-III-HO-
CPCB-HO/1097 DATED 17/06/2026 (ANNEXURE-A) & ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR
NC: 2026:KHC:61441-DB
WP No. 33378 of 2026
CNR: KAHC010738692026
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
inter alia
1. The petitioner has filed the present petition, , praying
is under:
“i) Issue a writ, order or direction more in the nature
of a writ of certiorari and quash the order bearing
СВ
No:CP-14/40/2023-IPC-III-HO-CP -HO/1097
dated 17.06.2026 (Annexure-A).
ii. In the alternative issue a writ, order or direction,
more in the nature of a writ of mandamus,
nd
directing the 2 respondent herein to revoke/
recall/rescind the Order of Closure bearing No:CP-
14/40/2023-IPC-III-HO-CPCB-HO/1097 dated
17.06.2026 (Annexure-A) and permit the petitioner
to open its Integrated Sugar Manufacturing, Co-
Generation and Distillery Units and commence
sugar cane crushing operations, co-generation of
electricity and production of Ethanol, Rectified
Spirit and Extra Neutral Alcohol respectively in the
said units;
iii. issue a writ, order or direction more in the nature
rd
of a writ of mandamus, directing the 3
respondent to issue Consent for Operation (CFO)
to the petitioner and permit the petitioner to open
its Integrated Sugar Manufacturing, Co-Generation
and Distillery Units and commence sugar cane
crushing operations, co-generation of electricity
and production of Ethanol, Rectified Spirit and
Extra Neutral Alcohol;
iv. Issue a writ, order or direction more in the nature
th
of a writ of mandamus directing the 5 respondent
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to resume power supply to petitioner's unit bearing
installation bearing RR No. BJP/Co-Gen-02;
v. Issue a writ, order or direction more in the nature of
th
a writ of mandamus directing the 6 respondent
herein issue cane crushing license for the crushing
season 2026-27; and
vi. Pass such other order or orders as this Hon’ble
Court may deems fit, proper, necessary and
expedient in the circumstances of the case.”
2. The petitioner is registered under the Karnataka Co-
operative Societies Act, 1959 [ KCS Act ] and is engaged in
manufacturing of sugar and the by-products out of Sugarcane, and
other related products.
3. The petitioner established an integrated co-generation unit
with a capacity of 2500 tons of crushing per day [ TCD ] at
Babaleshwar in Vijaypura district. The capacity was expanded to
3500 TCD in 2006, 6500 TCD in 2009, and 14000 TCD in 2019.
4. The petitioner is essentially aggrieved by the closure order
dated 17.06.2026 issued by respondent No.2, the Central Pollution
Control Board [ CPCB ]. This said closure order was issued as the
petitioner failed to take certain measures to address the
observations made by the Pollution Control Authorities.
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5. This Court is informed that the petitioner has since
implemented the required measures, and the CPCB has revoked
the closure order dated 17.06.2026, which is impugned in the
present petition. In the aforesaid view, the petitioner's grievance in
that regard does not survive.
6. In addition, the petitioner has also prayed that directions be
issued to the Karnataka State Pollution Control Board [ KSPCB ] for
issuing Consent for Operation [ CFO ] which had expired on
30.06.2026. Further, the petitioner also prays that directions be
th
issued to the 6 respondent (Cane Commissioner) to issue Cane
Crushing License for the season 2026-27.
7. The petitioner applied for CFO on 24.06.2026, prior to expiry
of the CFO granted by KSPCB. The petitioner had also paid the
requisite fee of ` 70,00,000/- which was duly acknowledged by the
KSPCB. However, the petitioner's application has not been
processed as yet.
8. The learned counsel appearing for KSPCB submits that the
said application will be processed within a period of one week from
date. In view of the said statement, no further directions are
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required to be issued to KSPCB, except to record that it is bound
down to the said statement.
9. Insofar as the relief against the Cane Commissioner is
concerned, the learned Additional Government Advocate submits
on instructions, that the petitioner applied for renewal of the license
for the season 2026-27 on 13.04.2026. However, it had not
enclosed two of the necessary documents, namely, (a) permission
letter from KSPCB to continue operations as its CFO had expired
on 30.06.2026; and (b) details of the payments made to farmers for
the previous season 2025-26.
10. She states that the Cane Commissioner had also issued
communications dated 24.04.2026, 02.06.2026, 04.09.2026 and
21.09.2026, calling upon the petitioner to furnish the
aforementioned documents.
11. She states that the petitioner has made the payments due to
farmers for the 2025-26 season as reflected in a fortnightly report
furnished on 15.10.2026. The proposal for renewal of the crushing
licence was forwarded to the State Government on 28.10.2026,
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and the proposal is pending consideration by the State
Government.
12. This Court is also informed that the Deputy Commissioner,
Vijayapura District, has convened a meeting between the petitioner
and the farmers at the petitioner's factory to finalise the sugarcane
price for the 2026-27 sugar season.
13. In view of the above, we consider it appropriate to direct the
State Government to consider the proposal for renewal of the
crushing license as expeditiously as possible, preferably within a
period of one week from today.
14. We also clarify that even if the licence is issued, the
petitioner shall not carry out operations until it receives consent
from KSPCB.
15. The petition is disposed of with the aforesaid observations.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(K.S. HEMALEKHA)
JUDGE
KMV/List No.: 2 Sl No.: 25