- 1 - HC-KAR 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) 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 BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER UDUPI DISTRICT UDUPI - 576 104 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010492112026 NC: 2026:KHC:43734-DB WP No. 22267 of 2026 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 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: KAHC010492112026 NC: 2026:KHC:43734-DB WP No. 22267 of 2026 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 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 - 4 - HC-KAR CNR: KAHC010492112026 NC: 2026:KHC:43734-DB WP No. 22267 of 2026 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. - 5 - HC-KAR CNR: KAHC010492112026 NC: 2026:KHC:43734-DB WP No. 22267 of 2026 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 - 6 - HC-KAR CNR: KAHC010492112026 NC: 2026:KHC:43734-DB WP No. 22267 of 2026 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