M/S. VIGNESHWARA POULTRY FARM vs KARNATAKA STATE POLLUTION CONTROL BOARD

- 1 -
HC-KAR
NC: 2026:KHC:55854
WP No. 4106 of 2024
C/W WP No. 4102 of 2024
WP No. 4104 of 2024


CNR: KAHC010068532024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 6 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE T.P.VIVEKANANDA

WRIT PETITION NO. 4106 OF 2024 (GM-RES)

C/W

WRIT PETITION NO. 4102 OF 2024 (GM-RES)

WRIT PETITION NO. 4104 OF 2024 (GM-RES)

IN WP No. 4106/2024

BETWEEN:

M/S. VIGNESHWARA POULTRY FARM
REPRESENTED BY ITS PROPRIETOR,
SRI. D. BRAMHANANDA REDDY
S/O. CHENCHI REDDY,
AGED ABOUT 59 YEARS,
R/AT HUNASEKATTE VILLAGE,
NEAR HEBBALU TOLL, P.B. ROAD,
DAVANAGERE TALUK.
…PETITIONER







Digitally signed
by PAVITHRA B
Location: HIGH
COURT OF
KARNATAKA

(BY SRI. HARISH KUMAR M.S, ADVOCATE)
AND:

1. KARNATAKA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
'PARISARA BHAVAN',
NO. 49, CHURCH STREET,
BENGALURU - 560 001.

2. THE DEPUTY COMMISSIONER

- 2 -
HC-KAR
NC: 2026:KHC:55854
WP No. 4106 of 2024
C/W WP No. 4102 of 2024
WP No. 4104 of 2024


CNR: KAHC010068532024



DAVANAGERE DISTRICT,
DAVANAGERE - 577 001.

3. THE EXECUTIVE ENGINEER (ELE) BESCOM
DAVANAGERE,
DAVANAGERE - 577 001.

4. THE ASSISTANT EXECUTIVE ENGINEER
BESCOM, DAVANAGERE SUB DIVISION,
DAVANAGERE - 577 001.
…RESPONDENTS
(BY SRI. GURURAJ JOSHI, ADVOCATE FOR R1;
SRI. M. SRINIVAS KUMAR, HCGP FOR R2;
SRI. G.C. SHANMUKHA, ADVOCATE FOR R3 AND R4;
SRI. PUSHPAKANTHA, ADVOCATE FOR R3 AND R4)

THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO-DIRECT THE
RESPONDENTS NOT TO TAKE ANY COERCIVE ACTION AGAINST
THE POULTRY FARM RUN BY THE PETITIONER IN THE NAME
AND STYLE OF M/S VIGNESHWARA POULTRY FARM, SITUATED
IN SY. NO. 104, 105 AND 105/1 OF HEBBALU VILLAGE,
ANAGODU HOBLI, DAVANAGERE TALUK, DAVANGERE
DISTRICT TILL THE DISPOSAL OF THE APPEALS FILED BY THE
PETITIONER IN APPEAL NO. 1/2024 AND APPEAL NO. 3/2024
PENDING CONSIDERATION BEFORE THE KARNATAKA STATE
APPELLATE AUTHORITY (UNDER AIRT AND WATER
PREVENTION AND CONTROL OF POLLUTION ACTS) AT
BENGALURU VIDE ANNEXURE-D AND E AND ETC.,
IN WP NO. 4102/2024
BETWEEN:
M/S. SHIVA POULTRY FARM
REPRESENTED BY ITS PROPRIETOR CONCERN
SRI. T. SHIVA REDDY
S/O TUMMULA KOTI REDDY,

- 3 -
HC-KAR
NC: 2026:KHC:55854
WP No. 4106 of 2024
C/W WP No. 4102 of 2024
WP No. 4104 of 2024


CNR: KAHC010068532024



AGED ABOUT 35 YEARS
R/O HUNASEKATTE VILLAGE
NEAR HEBBALU TOLL, P.B. ROAD
DAVANAGERE TALUK.
...PETITIONER
(BY SRI. HARISH KUMAR M.S, ADVOCATE)
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
'PARISARA BHAVAN',
NO. 49, CHURCH STREET,
BENGALURU - 560 001.

2. THE DEPUTY COMMISSIONER
DAVANAGERE DISTRICT,
DAVANAGERE - 577 001.

3.
THE EXECUTIVE ENGINEER (ELE) BESCOM
DAVANAGERE,
DAVANAGERE - 577 001.

4. THE ASSISTANT EXECUTIVE ENGINEER
BESCOM, DAVANAGERE SUB DIVISION,
DAVANAGERE - 577 001.
...RESPONDENTS
(BY SRI. GURURAJ JOSHI, ADVOCATE FOR R1;
SRI. M. SRINIVAS KUMAR, HCGP FOR R2;
SRI. PUSHPAKANTHA, ADVOCATE FOR R3 AND R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS NOT TO TAKE ANY COERCIVE ACTION
AGAINST THE POULTRY FARM RUN BY THE PETITIONER IN

- 4 -
HC-KAR
NC: 2026:KHC:55854
WP No. 4106 of 2024
C/W WP No. 4102 of 2024
WP No. 4104 of 2024


CNR: KAHC010068532024



THE NAME AND STYLE OF M/S SHIVA POULTRY FARM,
SITUATED IN SY.NO. 6/2, 6/3, 6/4 AND 3/9 OF
PANJENAHALLI VILLAGE, ANAGODU HOBLI, DAVANAGERE
TALUK, DAVANGERE DIST., TILL THE DISPOSAL OF THE
APPEALS FILED BY THE PETITIONER IN APPEAL NO. 4/2024
AND APPEAL NO. 5/2024 PENDING CONSIDERATION
BEFORE THE KARNATAKA STATE APPELLATE AUTHORITY
(UNDER AIR AND WATER PREVENTION AND CONTROL OF
POLLUTION ACTS) AT BENGALURU VIDE ANNEXURE-E AND
F AND ETC.,
IN WP NO. 4104/2024
BETWEEN:
M/S. VENKAT LAKSHMI POULTRY FARM
A PARTNERSHIP FIRM,
REPRESENTED BY ITS PARTNER,
SRI. B. VENKATESHWARA REDDY,
S/O NARASA REDDY,
AGED ABOUT 55 YEARS,
R/O HUNASEKATTE VILLAGE,
NEAR HEBBALU TOLL, P.B. ROAD,
DAVANAGERE TALUK
...PETITIONER
(BY SRI. HARISH KUMAR M.S, ADVOCATE)
AND:
1. KARNATAKA STATE POLLUTION CONTROL BOARD
REPRESENTED BY ITS CHAIRMAN,
'PARISARA BHAVAN',
NO. 49, CHURCH STREET,
BENGALURU - 560 001.

2. THE DEPUTY COMMISSIONER

- 5 -
HC-KAR
NC: 2026:KHC:55854
WP No. 4106 of 2024
C/W WP No. 4102 of 2024
WP No. 4104 of 2024


CNR: KAHC010068532024



DAVANAGERE DISTRICT,
DAVANAGERE - 577 001.

3. THE EXECUTIVE ENGINEER (ELE) BESCOM
DAVANAGERE,
DAVANAGERE - 577 001.

4. THE ASSISTANT EXECUTIVE ENGINEER
BESCOM, DAVANAGERE SUB DIVISION,
DAVANAGERE - 577 001.
...RESPONDENTS
(BY SRI. GURURAJ JOSHI, ADVOCATE FOR R1;
SRI. M. SRINIVAS KUMAR, HCGP FOR R2;
SRI. PUSHPAKANTHA, ADVOCATE FOR R3 AND R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING
THE RESPONDENTS NOT TO TAKE ANY COERCIVE ACTION
AGAINST THE POULTRY FARM RUN BY THE PETITIONER IN
THE NAME AND STYLE OF M/S VENKAT LAKSHMI POULTRY
FARM, SITUATED IN THE LAND MEASURING 4 ACRES 22
GUNTAS IN SY. NO. 32/1A4 AND SY. NO. 32/1A5 OF
HUNASEKATTE VILLAGE, ANAGODU HOBLI, DAVANAGERE
TALUK, DAVANAGERE DISTRICT TILL THE DISPOSAL OF
THE APPEALS FILED BY THE PETITIONER IN APPEAL NO.
2/2024 AND APPEAL NO. 6/2024 PENDING
CONSIDERATION BEFORE THE KARNATAKA STATE
APPELLATE AUTHORITY (UNDER AIR AND WATER
PREVENTION AND CONTROL OF POLLUTION ACTS) AT
BENGALURU VIDE ANNEXURE-E AND F.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

- 6 -
HC-KAR
NC: 2026:KHC:55854
WP No. 4106 of 2024
C/W WP No. 4102 of 2024
WP No. 4104 of 2024


CNR: KAHC010068532024



CORAM: HON'BLE MR. JUSTICE T.P.VIVEKANANDA

ORAL ORDER
Writ Petition No.4106/2024 is filed seeking issue of
Writ of Mandamus directing the respondents not to take
any coercive action against the Poultry farm owned and
established by the petitioner in Survey No. 104, 105 and
105/1 of Hebbalu Village, Anagodu Hobli, Davanagere
Taluk, Davangere District. Pursuant to the closure order
dated 06.01.2024 at Annexure-B and C.
2. Writ Petition No.4102/2024 is filed seeking to
issue a Writ of Mandamus directing the respondents not to
take any coercive action against the Poultry Farm owned
by the petitioner in Survey No.6/2, 6/3, 6/4 and 3/9 of
Panjenahalli Village, Anagodu Hobli, Davanagere Taluk.
Pursuant to the closure order dated 11.01.2024 at
Annexure-B and C.
3. Writ Petition No.4104/2024 is filed to issue a Writ
of Mandamus directing the respondents not to take any

- 7 -
HC-KAR
NC: 2026:KHC:55854
WP No. 4106 of 2024
C/W WP No. 4102 of 2024
WP No. 4104 of 2024


CNR: KAHC010068532024



coercive action against the Poultry Farm owned by the
petitioner situated in the land measuring 4 acres 22
guntas in Sy.No.32/1A4 and Sy.No.32/1A5 of Hunasekatte
Village, Anagodu Hobli, Davanagere Taluk. Pursuant to the
closure order dated 11.01.2024 at Annexure-B and C.
4. It is the contention of the petitioner that,
challenging the aforesaid closure orders, the petitioners
have already availed the statutory remedy of appeal
before the Karnataka State Appellate Authority under
Prevention and Control of Pollution Act, 1974. Since the
prayer for interim relief was not considered by the
appellate authority, the petitioners were constrained to
approach this Court by way of the present writ petitions.
5. This Court while entertaining the writ petitions has
directed the respondents not to precipitate the matter till
the next date of hearing. The said interim order is in force
as on date.

- 8 -
HC-KAR
NC: 2026:KHC:55854
WP No. 4106 of 2024
C/W WP No. 4102 of 2024
WP No. 4104 of 2024


CNR: KAHC010068532024



6. In view of the fact that challenging the orders
passed by the Karnataka State Pollution Control Board, a
statutory appeal has already been instituted by the
petitioners before the appellate authority, the petitioners
will have to prosecute the said appeals in accordance with
law. Therefore, this Court deems it appropriate to dispose
of the all the writ petitions permitting the petitioners to
prosecute the pending appeals before the appellant
authority. Since this Court has granted interim protection
in view of the non-consideration of the application for
interim relief by the appellate authority, the interim
protection granted on 12.02.2024 shall remain in force till
the appellate authority considers the application for
interim relief.
7. The appellate authority shall make all endeavour
to consider and decide the application for interim relief
within four weeks from the date of receipt of certified copy
of this order and conclude the main appeal within four

- 9 -
HC-KAR
NC: 2026:KHC:55854
WP No. 4106 of 2024
C/W WP No. 4102 of 2024
WP No. 4104 of 2024


CNR: KAHC010068532024



months from the date of receipt of certified copy of this
order.
With the aforesaid observation, the writ petitions are
disposed of .

Sd/-
(T.P.VIVEKANANDA)
JUDGE

VS
List No.: 1 Sl No.: 2