- 1 - HC-KAR 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) 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 UDUPI DISTRICT - 576 108 …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 - 2 - HC-KAR CNR: KAHC010514662026 NC: 2026:KHC:43767-DB WP No. 23125 of 2026 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 BENGALURU - 560 001 7. KARNATAKA STATE COASTAL ZONE MANAGEMENT AUTHORITY REGIONAL DIRECTOR (ENVIRONMENT) OFFICE 1ST FLOOR, C BLOCK, RAJATHADRI DISTRICT ADMINISTRATION OFFICE COMPLEX MANIPAL, UDUPI - 576 104 - 3 - HC-KAR CNR: KAHC010514662026 NC: 2026:KHC:43767-DB WP No. 23125 of 2026 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 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 - 4 - HC-KAR CNR: KAHC010514662026 NC: 2026:KHC:43767-DB WP No. 23125 of 2026 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 - 5 - HC-KAR CNR: KAHC010514662026 NC: 2026:KHC:43767-DB WP No. 23125 of 2026 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. - 6 - HC-KAR CNR: KAHC010514662026 NC: 2026:KHC:43767-DB WP No. 23125 of 2026 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