Karnataka High Court

WP/23125/2026 of MR. G.M. HANEEF Vs STATE OF KARNATAKA on 17 August 2026

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CNR: KAHC010514662026 NC: 2026:KHC:43767-DB WP No. 23125 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. 23125 OF 2026 (GM-POL)

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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. 23125 OF 2026 (GM-POL)

BETWEEN:

1.

MR. G.M. HANEEF

S/O G MOHAMMED SAHEB

AGED ABOUT 43YEARS

R/O BOLKATTE, GULVADI VILLAGE

KUNDAPURA TALUK

UDUPI DISTRICT - 576 283

2.

MR. FIROZ AHMED

S/O ABUBAKKAR SAHEB

AGED ABOUT 44YEARS

R/AT NO. 8-26, BAITHUL AMAN

THOTTAM ROAD, VADABANDESHWARA

MALPE TALUK

…PETITIONERS

(BY SRI. MUZAFFAR AHMED, ADVOCATE)

AND:

1.

STATE OF KARNATAKA

REP BY SECRETARY

VIDHANA SOUDHA

AMBEDKAR VEEDHE

BENGALURU - 560 001

Digitally

signed by

AMBIKA H B

Location:

High Court

of Karnataka

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2.

THE DEPUTY COMMISSIONER

UDUPI DISTRICT

UDUPI - 576 104

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

BLOCK 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 AND POST

KOTATHATTU VILLAGE

PANCHAYAT PADUKERE

BRAHMAVARA TALUK

UDUPI DISTRICT - 576 221

…RESPONDENTS

(SMT.NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1 AND 2

SRI A.MAHESH CHOWDHARY, ADVOCATE FOR RESPONDENT

NOS.3 TO 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-

27/112, DATED 04/06/2026 (ANNEXURE-J) AND 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 petitioners have 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 and Business) and the Water (Prevention and Control of Pollution) Rules, 1976.

2. The petitioners state that they had entered into a rent agreement dated 18.08.2025 in respect of the premises located in Survey No.218/10, Near Aaram Temple, Kotathattu Village, Brahmavara Taluk, Udupi District for operating a fish cutting unit. It is stated that the fish cutting unit has been operated from the said premises for almost four decades.

3. KSPCB had conducted an inspection and issued a show- cause notice dated 04.12.2025, inter alia, alleging non-compliance of the necessary clearances and operating the unit without obtaining prior Consent for Establishment [CFE] or Consent for Operation [CFO] from KSPCB.

4. It is not disputed that the industry falls under an orange category. Admittedly, the inspection was conducted on 03.12.2025 and the impugned order indicates that during inspection the following was observed: "1. They have established and operating the fish cutting industry in the name and style of M/s. Quality

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Marine Foods without obtaining the prior CFE/CFO from the Board.

2. The existing unit is located within the CRZ area, which is required the CRZ clearance for the activity from the concerned authority/department.

3. There are about 70 workers working at the time of inspection.

4. The source of water is from Bore well for which the unit authority has not obtained the permission from the Ground water authority for drawing the water for industrial purpose.

5. The effluent generated from the fish cutting activity is not treated, instead is been discharged to adjacent Arabian sea by providing pipe line causing pollution.

6. There is bad odor smell in the surroundings."

5. Concededly, the petitioner did not have CFE or CFO to operate the said unit. We also note that there is no serious dispute as to any of the observations as set out in the impugned order.

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

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7. Needless to state, if the petitioners comply with the required norms, the respondent ‒ KSPCB shall consider the petitioners' application for vacating the closure order and pass appropriate order. The impugned order will not preclude the petitioners 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.: 9

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