DR. PRABHAKAR HONNAYYA NAYAK S/O LATE HONNAYYA NAYAK vs SHRI. MANGALDAS KAMAT
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17816
WP No. 102123 of 2026
CNR: KAHC020267052025
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.102123 OF 2026 (LB-RES)
BETWEEN:
DR. PRABHAKAR HONNAYYA NAYAK
S/O. LATE HONNAYYA NAYAK,
AGED ABOUT 66 YEARS,
RESIDING AT NO.135, “SHREE GANESHA”
ARYA DURGA CROSS ROAD, MATAKERI,
ANKOLA-581314, UTTAR KANNADA DISTRICT.
…PETITIONER
(BY SRI. S.G. KADADAKATTI, ADVOCATE)
AND:
1. SHRI. MANGALDAS KAMAT,
REP. BY, PROPRIETOR: HOTEL KAMAT PLUS,
SY. NO.118A/11A1, SHEDGERI VILLAGE,
ANKOLA TALUK, KUMTA ROAD, ANKOLA-581314,
UTTARA KANNADA DISTRICT.
2. THE TOWN MUNCIPAL COUNCIL, ANKOLA,
ANKOLA-581314, UTTARA KANNADA DISTRICT,
R/BY IT’S CHIEF OFFICER.
3. THE KARNATAKA STATE POLLUTION CONTROL BOARD,
REGIONAL OFFICE: “PARISARA BHAVAN”
LIG-II, B-217, NEAR HARI OM TRUST,
HABBUWADA, KARWAR-581303,
R/BY THE ENVIRONMENTAL OFFICER.
4. THE DEPUTY COMMISSIONER,
UTTARA KANNADA DISTRICT,
DEPARTMENT OF REVENUE,
MINI VIDHANA SOUDHA,
M.G. ROAD, KARWAR-581301.
Digitally signed by
THEJAS KUMAR N
Location: High
Court of
Karnataka,
Dharwad Bench
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5. THE ASSISTANT COMMISSIONER,
KUMTA ANKOLA SUB-DIVISION,
DEPARTMENT OF REVENUE, TALUKA SOUDHA,
KUMTA-581343, UTTARA KANNADA DISTRICT.
6. THE PRINCIPAL SECRETARY TO THE GOVERNMENT,
STATE OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT,
VIKAS SOUDHA, DR. AMBEDKAR VEEHI,
BENGALURU-560001.
7. THE DIRECTOR,
DIRECTORATE OF MUNCIPAL ADMINISTRATION,
TH TH
9 FLOOR, AND 10 FLOOR,
VISHWESHWARAIH TOWERS,
DR. B.R. AMBDKAR VEEDHI,
BENGALURU-560001.
8. THE PRINCIPAL SECRETARY TO THE GOVERNMENT,
STATE OF KARNATAKA, (ECOLOGY AND ENVIRONMENT),
DEPARTMENT OF FOREST, ECOLOGY AND ENVIRONMENT,
M.S. BUILDING, DR. AMBDKAR VEEDHI,
BENGALURU-560001.
…RESPONDENTS
(BY SRI. GIRISH A.YADAWAD, ADVOCATE FOR R1;
SRI. SANTOSH B.MANE, ADVOCATE FOR R2;
SMT. RATNAMALA G.H., HCGP FOR R4 TO R8;
SRI. GURUDEV GACHCHINAMATH, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT OF
MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR
DIRECTION DIRECTING THE RESPONDENTS NO.2,3,4,5 TO 8 TO
TAKE EFFECTIVE STEPS AND ACTIONS TO COMPLETELY STOP THE
DISCHARGE OF SEWERAGE, LIQUID EFFLUENTS GENERATED FOR
THE PREMISES OF HOTEL KAMAT PLUS IN SY NO.118A / 11A1 AND
118A / 11A2 OF SHEDGERI VILLAGE, ANKOLA TALUK INTO THE
PUBLIC DRAINS OR INTO THE GROUND NEAR THE HOUSE OF THE
PETITIONER BY THE RESPONDENT NO.1 AND HIS AGENTS AND TO
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WP No. 102123 of 2026
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PREVENT CONTAMINATION OF THE WELL WATER OF THE
PETITIONER IN SY NO.4A/8 OF VANDIGE VILLAGE, ANKOLA HOBLI,
ANKOLA TALUK. B) ISSUE A WRIT OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT ORDER OR DIRECTION DIRECTING THE
RESPONDENTS NO.2, 3 AND 8 TO TAKE ACTIONS AGAINST THE
RESPONDENT NO.1 UNDER SECTION 44 OF THE WATER
(PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 AND THE
RULES FOR THE VIOLATIONS MADE BY THE ILLEGAL DISCHARGE OF
SEWERAGE INTO THE PUBLIC DRAIN MADE AS PER
REPRESENTATION /COMPLAINT DATED 09/10/2025 (ANNEXURE-X)
AND THE VIOLATIONS AND NON-COMPLIANCES OF THE
CONDITIONS IMPOSED WHILE GIVING CONSENT BY THE
RESPONDENT NO.3 FOR CARRYING ON THE BUSINESS OF KAMAT
PLUS UNDER SECTION 25 OF THE WATER (PREVENTION AND
CONTROL OF POLLUTION) ACT, 1974 AND THE RULES. C) ISSUE A
WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR
DIRECTION DIRECTING THE RESPONDENTS 2, 4, 5 AND 6 TO 8 TO
DEMOLISH ALL THE ILLEGAL TOILETS, SOAP PITS, TANKS,
CONTAMINATED WELL/S OF THE RESPONDENT NO.1 DESCRIBED AS
SCHEDULE PROPERTY CONSTRUCTED IN THE SY NO.118A / 11A1
AND 118A / 11A2 OF SHEDGERI VILLAGE, ANKOLA TALUK BY THE
RESPONDENT NO.1. D) AWARD COSTS OF THE PROCEEDINGS
AGAINST THE RESPONDENTS, AND E) PASS, SUCH OTHER ORDER
OR ORDERS AS THIS HON’BLE HIGH COURT DEEMS FIT TO GRANT
IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
This Court, on 12.10.2026 has passed the following
order:
“At the request of Sri.Girish A.Yadawad, learned
counsel appearing for respondent No.1 and
Sri.Santosh B.Mane, learned counsel appearing for
respondent No.2, list this matter on 15.10.2026, to
come up with positive assertion in respect of the
Notice dated 09.12.2016 in respect of unauthorized
toilet constructed by respondent No.1.
Sri.Santosh B.Mane, learned counsel appearing
for the Municipality, submits that there is one more
hotel against which a notice has been issued on
06.10.2026, directing them to stop releasing the
waste water, granting three days time to comply the
same.
The municipality shall also come up with
positive assertion on the said notice issued in
respect of the said hotel.
List this matter on 15.10.2026.”
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2. Sri.Girish Yadavad, learned counsel appearing
for respondent No.1 has filed a memo today but dated
15.10.2026 along with photographs, stating that the
toilets which were constructed have been demolished.
3. The memo is taken on record. The memo filed
along with the photographs is in answer to the contention
taken by the petitioner that respondent No.1 is releasing
solid waste into the rain water stream. In that view of the
matter, the relief sought in this Writ Petition has been
answered.
4. Sri.S.G.Kadadakatti, learned counsel appearing
for the petitioner submits that respondent No.1 has not
installed proper treatment plant.
5. Sri.S.G.Kadadakatti submits that, as per
Annexures-Q and T, the Pollution Board after holding an
inspection, issued a show cause notice asking respondent
No.1 to show cause as to why the office should not
withdraw the (Consent for Operation) CFO issued to the
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unit and recommend the Board to initiate appropriate
action against respondent No.1 in terms of Section 44 of
the Water (Prevention and Control of Pollution) Act, 1974,
for the violation stated in the show cause notice dated
28.10.2016. So also, a notice dated 10.08.2017 was
issued in respect of the deficiencies stated in the said
show cause notice in terms of the provisions of the
aforesaid Act, 1974.
6. In view of the memo filed today, the grievance
of the petitioner that respondent No.1 is releasing the solid
waste of toilets into the rain water stream is answered as
all the toilets constructed in the premises have already
been demolished. In that view of the matter, nothing
further survives to consider in this Writ Petition.
7. It is needless to say that, if the Pollution
Control Board has issued notice, it is for the Pollution
Control Board to take appropriate action in the event
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CNR: KAHC020267052025
respondent No.1 fails to comply the queries sought in the
notice.
8. With the above observations, the Writ Petition
is disposed of .
Sd/-
(T.M.NADAF)
JUDGE
SRA
CT: UMD
List No.: 3 Sl No.: 9