SAYEDA BANU vs THE DEPUTY COMMISSIONER AND ORS
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11658
WP No. 200499 of 2025
CNR: KAHC030013252025
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 200499 OF 2025 (GM-RES)
BETWEEN:
SMT. SAYEDA BANU
W/O JAILAB HUKKERI
AGE: 54 YEARS, OCC: AGRICULTURE
R/O MARAGURU, TQ: CHADACHAN
DIST: VIJAYAPURA-586207.
…PETITIONER
(BY SRI. HULEPPA HEROOR., ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER
VIJAYAPUR DISTRICT
VIJAYAPURA-586101.
2.
THE ASSISTANT COMMISSIONER,
INDI SUB-DIVISION, TQ: INDI
VIJAYAPURA-586101
3. THE TAHASILDAR
CHADACHANA TALUK
VIJAYAPURA DISTRICT
VIJAYAPURA-586101
4.
THE SENIOR ASSISTANT DIRECTOR
OF HORTICULTURE (ZP), INDI, TQ: INDI
DIST: VIJAYAPURA-586101.
5. THE CHAIRMAN
THE KARNATAKA STATE POLLUTION
Digitally signed
by SWETA
KULKARNI
Location: HIGH
COURT OF
KARNATAKA
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WP No. 200499 of 2025
CNR: KAHC030013252025
CONTROL BOARD, “PARISARA BHAVAN”
NO.49, CHURCH STREET
BENGALURU-560 001
6.
THE ENVIRONMENT OFFICER
POLLUTION CONTROL BOARD
REGIONAL OFFICE, PLOT NO.86
HARAKARI LAY-OUT
VAJRA HANUMAN NAGAR
BAGALKOT ROAD, VIJAYAPURA-586109
7. THE ENVIRONMENT OFFICER
THE OFFICE OF THE POLLUTION CONTROL
VAJRA HANUMAN NAGAR
BAGALKOT ROAD, VIJAYAPURA-586109
8. THE MANAGING DIRECTOR
SHRI BHEEMASHANKAR SAHAKARI SAKKARE
KARKHANE LTD., INDI, TQ:CHADACHAN
DIST: VIJAYAPURA-586207.
…RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1 TO R4;
SRI.GOURISH S. KHASHAMPUR ADV., FOR R5 TO R7;
SRI.GANESH S. KALBURGI ADV., FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE: A) A WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS NO.5 TO 7 TO CONSIDER AND PASS SUITABLE
ORDERS ON THE REPRESENTATIONS MADE BY THE
PETITIONER VIDE HER REPRESENTATIONS AT ANNEXURE-K
DATED 04.01.2024, ANNEXURE-L DATED 04.01.2024 AND
FURTHER DIRECT THE RESPONDENT NO.5 TO 7 TO PASS
SUITABLE ORDERS ON THE NOTICES ISSUED BY THEM VIDE
ANNEXURE-N AND P IN TERMS OF THE DIRECTIONS ISSUED
VIDE ITS ORDER DATED 06.11.2024 IN W.P.NO.200333 OF
2024 AS AT ANNEXURE-M; B) ISSUE ANY OTHER WRIT, ORDER
OR DIRECTION AS DEEMED FIT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE.
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HC-KAR
NC: 2026:KHC-K:11658
WP No. 200499 of 2025
CNR: KAHC030013252025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
CORAM:
ORAL ORDER
This writ petition is filed seeking the following
prayers:
“ a) a writ of MANDAMUS directing the
Respondents No.5 to 7 to consider and pass suitable
orders on the representations made by the petitioner vide
her representations at ANNEXURE-K, dated: 04-01-2024,
ANNEXURE-L dated: 04-01-2024, and further direct the
respondent No.5 to 7 to pass suitable orders on the
notices issued by them vide ANNEXURE-N and P in terms
of the directions issued vide its order dated: 6-11-2024 in
W.P.No.200333 of 2024 as at ANNEXURE-M in the interest
of justice and equity.
b) issue any other writ, order or direction as
deemed fit under the facts and circumstances of the case
in the interest of justice and equity.
”
2. Heard Sri. Huleppa Heroor, learned counsel
appearing for the petitioner, Sri. Mallikarjun Sahukar,
learned Additional Government Advocate appearing for
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HC-KAR
NC: 2026:KHC-K:11658
WP No. 200499 of 2025
CNR: KAHC030013252025
respondent Nos.1 to 4, Sri. Gourish S Khashampur,
learned counsel appearing for respondent Nos.5 to 7,
Sri. Ganesh S Kalburgi, learned counsel appearing for
respondent No.8 and meticulously perused the material
available on record.
3. The petitioner is the owner in possession and
enjoyment of the land bearing Survey No.44/3, measuring
6 acres, situated at Maragur Village, Chadachan Taluk,
Vijayapur District. The grievance of the petitioner is that
he is cultivating grapes in the said land and respondent
No.8 - Sugar Factory, during its crushing operations,
causes air and water pollution in the surrounding area,
including causing damage to the petitioner’s crops and
land.
4. In this regard, the petitioner submitted a
representation dated 04.01.2024. As the said
representation was not considered by respondent Nos.5 to
7, the petitioner was constrained to approach this Court by
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WP No. 200499 of 2025
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filing W.P.No.200333/2024. This Court, by order dated
06.11.2024, disposed of the said writ petition with a
direction to respondent Nos.5 to 7 to consider the
petitioner's representation dated 04.01.2024 at
Annexures-K and L therein, within a period of six months
from the date of the receipt of a copy of the said order.
This Court further directed the respondent – authorities to
notify the petitioner and respondent No.8, provide
sufficient and reasonable opportunity to both the parties
and proceed further in accordance with law.
5. The further grievance of the petitioner is that,
despite the aforesaid directions issued by this Court, the
Pollution Control Board has not taken any steps in the
matter. It is contended that the respondent – authorities
have merely issued a notice dated 12.12.2024 to
respondent No.8 - Sugar Factory at Annexure-P, but they
have failed to take action against respondent No.8 - Sugar
Factory or to pay the compensation to the petitioner.
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WP No. 200499 of 2025
CNR: KAHC030013252025
6. It is to be noticed that, pursuant to the aforesaid
directions issued by this Court in the earlier writ petition,
respondent Nos.5 to 7 issued a communication dated
12.12.2024 at Annexure-N informing the petitioner that
his representation dated 04.01.2024 had been considered.
The respondent – authorities further informed that the
question of payment of compensation does not fall within
their purview.
7. It is further to be noticed that, in the present writ
petition also the petitioner is once again seeking to issue a
writ in the nature of mandamus to the very same
respondent - authorities to consider the very same
representation, which has already been considered by the
respondent - authorities through their communication
dated 12.12.2024.
8. In view of the above, I am of the considered view
that no further direction can be issued to the respondent-
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authorities. Accordingly, the writ petition is devoid of
merits and the same is rejected .
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
PHM
List No.: 1 Sl No.: 22