Karnataka High Court

WP/22267/2026 of M/S BEST SEA FOOD Vs STATE OF KARNATAKA on 17 August 2026

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CNR: KAHC010492112026 NC: 2026:KHC:43734-DB WP No. 22267 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 22267 OF 2026 (GM-POL)

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF AUGUST, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT PETITION NO. 22267 OF 2026 (GM-POL)

BETWEEN:

1.

M/S BEST SEA FOOD

REPRESENTED BY

MANAGING PARTNER

MR. AHMED SAHEB YOUSF ABBA

HAVING OFFICE AT

DOOR NO.1-31(1), SY NO.13/3

MANOOR FISHERIES ROAD

KOTA THATTUPADUKERE POST

KOTA BRAHMAVARA TQ

UDUPI DISTRICT

…PETITIONER

(BY SRI MUZAFFAR AHMED, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

REP. BY SECRETARY

VIDHANA SOUDHA

AMBEDKAR VEEDHE

2.

THE DEPUTY COMMISSIONER

UDUPI DISTRICT

UDUPI - 576 104

Digitally

signed by

AMBIKA H B

Location:

High Court

of Karnataka

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3.

KARNATAKA STATE POLLUTION

CONTROL BOARD

CHAIRMAN

"PARISARA BHAVANA"

1ST TO 5TH FLOOR

No.49 CHURCH STREET

BENGALURU - 560 001

4.

KARNATAKA STATE POLLUTION

CONTROL BOARD

SENIOR ENVIRONMENTAL OFFICER

ZONAL OFFICE

PARISARA BHAVANA

BLCOK NO.23 AND 24, 1ST FLOOR

4TH CROSS, NEAR ESI HOSPITAL

INDUSTRIAL AREA

BAIKAMPADY

MANGALURU - 575 011

5.

KARNATAKA STATE POLLUTION

CONTROL BOARD

ENVIRONMENTAL OFFICER

REGIONAL OFFICE

"PARISARA BHAVANA"

PLOT NO.36-C, SHIVALLI IND. AREA

MANIPAL, UDUPI - 576 104

6.

KARNATAKA STATE COASTAL ZONE

MANAGEMENT AUTHORITY

CHAIRMAN

ROOM NO.710, 7TH FLOOR

IV GATE, M.S. BUILDING

7.

KARNATAKA STATE COASTAL ZONE

MANAGEMENT AUTHORITY

REGIONAL DIRECTOR (ENVIRONMENT)

OFFICE 1ST FLOOR

C - BLOCK RAJATHADRI

DISTRICT ADMINISTRATION

OFFICE COMPLEX

MANIPAL, UDUPI - 576 104

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8.

PANCHAYAT DEVELOPMENT OFFICER

KOTATHATTU VILLAGE PANCHAYAT

KOTATHATTU VILLAGE AND POST

PADUKERE, BRAHMAVARA TALUK

UDUPI DISTRICT - 576 221

…RESPONDENTS

(SMT. NILOUFER AKBAR, AGA FOR R-1 & R-2 &

SRI A. MAHESH CHOWDHRY, ADVOCATE FOR R-3 TO R-7)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF

CERTIORARI AND MANDAMUS OR ANY OTHER WRIT OR ORDER, QUASHING THE CLOSURE NOTICE ISSUED BY RESPONDENT No. 3

UNDER PROCEEDINGS PCB/ENF -CMP/CLOSURE (WPC)/2026- 27/97, DATED 04.06.2026 (ANNEXURE-H) & ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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 petitioner has filed the present petition impugning a closure order dated 04.06.2026 issued by the Karnataka State Pollution Control Board [KSPCB] under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 read with Rule 34 of the Karnataka Board for the Prevention and Control of Water

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Pollution (Procedure for Transaction of Business) and the Water (Prevention and Control of Pollution) Rules, 1976.

2. The petitioner states that it is a partnership firm which is constituted pursuant to the partnership deed dated 24.09.2021. The petitioner claims that it is now operating a fish cutting unit located at Door No.1-31(1), Survey No.13/3, Manoor Fisheries Road, Kota Thattupadukere Post, Kota Brahmavara Taluk, Udupi District. The petitioner claims that the jurisdictional Kota Village Panchayat had granted trade licence dated 08.12.2025 permitting the petitioner to establish and operate the unit in question.

3. The petitioner states that it made an application dated 11.12.2025 to the Karnataka State Coastal Zone Management Authority seeking permission to construct an effluent treatment plant [ETP]. It is stated that while the said application was pending, KSPCB issued a show-cause notice dated 01.01.2026, calling upon the petitioner to show-cause why closure direction not be issued. The petitioner states that it responded to the said notice by informing KSPCB that its applications for necessary clearances and ground water permission had already been initiated.

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4. It is not disputed that the petitioner is operating the unit which falls into the orange category without obtaining Consent for Establishment [CFE] or Consent for Operation [CFO] from KSPCB. The impugned order records that at the time of inspection, there were 40 to 50 workers working in the unit. It is also found that the petitioner is drawing water from a bore well without any permission to do so from the Ground Water Authority. Concededly, there is no unit for treating the effluent generated from the unit and the polluted effluent is discharged directly into the Arabian Sea. Additionally, it was found that there was foul smell emanating from the surroundings.

5. In view of the above, we find no grounds to interfere with the impugned order. The petition is, accordingly, disposed of. The petitioner is at liberty to take necessary steps to obtain permission and to comply with the anti-pollution measures as may be directed.

6. Needless to state, if the petitioner complies with the required norms, the respondent ‒ KSPCB shall consider the petitioner's application for vacating the closure order and pass appropriate

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order. The impugned order will not preclude the petitioner from making application(s) for seeking the necessary approvals.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (K.S. HEMALEKHA) JUDGE

AHB List No.: 2 Sl No.: 5

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