(Prayer: 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 appropriate Writ, Order, or Direction quashing the closure order dated 31.07.2025 (Annexure-E) passed by respondent authorities, etc.)

Oral Order

Vibhu Bakhru, CJ.

1. Issue notice. Mr.A.Mahesh Chowdhary, learned counsel accepts notice for respondent Nos.1 and 2. Ms.Niloufer Akbar, learned Additional Government Advocate accepts notice for respondent No.3.

2. The petitioners have filed the present petition impugning a closure order dated 31.07.2025 passed by the Karnataka State Pollution Control Board [KSPCB] on the premise that the petitioners' enterprise is generating pollution contrary to the standards as specified. Thus, on exercise of powers conferred under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981 read with Rule 20(A) of the Karnataka Air (Prevention and Control of Pollution) Rules, 1983, the KSPCB has issued the impugned order.

3. A plain reading of the impugned order indicates that the KSPCB had issued a public notice dated 18.03.2017 for the enforcement of the directions issued by the Supreme Court and the National Green Tribunal directing the State Pollution Control Board to take action in respect of the units that are operating without obtaining the consent to operate [CTO].

4. It is the petitioners' case that they are sole proprietorship concerns engaged in gold or silver smithy operations. The petitioners claim that their activities are confined to shaping jewellery, engraving, buffing and polishing using tools and machines. They state that their activities are mechanical, artisanal and non-polluting in nature. It is stated that the same does not involve use of any chemicals or any polluting material. It is specifically stated that the same does not entail any melting or any other chemical treatment.

5. The petitioners have also annexed photographs of the unit, indicating that the work carried out by the petitioners are on a low desk placed on the floor and is more in the nature of handicrafts. The petitioners further state that there is no inspection being carried out by the KSPCB or their officials and the activities carried on by the petitioners have not been evaluated. Pursuant to the impugned order, the petitioners' units have been closed and respondent Nos.3 to 7 have also taken steps for disconnecting electricity.

6. Undisputedly, the petitioners have not been afforded any opportunity to be heard before passing of the impugned order.

7. In view of the above, the impugned order cannot be sustained. We, accordingly, dispose of the present petition with the following directions:

          (i) The impugned order dated 31.07.2025 is set aside. The same would be considered as a show cause notice.

          (ii) The averments made in the present petition shall be considered as a response to the aforesaid show cause notice. The petitioners are at liberty to furnish any further information as the petitioners consider relevant, within a period of three working days.

          (iii) The officials of the KSPCB may conduct a fresh inspection within a period of two weeks from date. The KSPCB shall consider the petitioners' response and pass an appropriate order.

          (iv) In the event an adverse order is proposed to be passed, the petitioners shall be afforded an opportunity to be heard.

          (v) In the event, it is found that the petitioners require to obtain CTO under the relevant statutes, the petitioners are at liberty to make an application for the same.

          (vi) In the event the petitioners make an application for CTO, the same shall be considered in accordance with law.

          (vii) The electricity connection provided to the petitioners' enterprise shall be restored forthwith till a fresh order is passed by the KSPCB.