IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.25427 OF 2016 (GM-RES) BETWEEN:
G.S. MANJUNATHA S/O G. SADASHIVAIAH AGED ABOUT 59 YEARS CHANNABASAVESHWARA NILAYA 9TH ‘C’ CROSS, MALLIGE ROAD ASHOK NAGARA, TUMKUR-572103.
(By Smt. M.C. NAGASHREE, ADV., (ABSENT)) AND:
1. PRINCIPAL SECRETARY … PETITIONER DEPT OF ANIMAL HUSBANDARY AND FISHERIES VIKASA SOUDHA, BANGALORE-01.
2. DIRECTOR DEPT OF FISHERIES 3RD FLOOR, PODIUM BLOCK VISHWESHWARAIAH TOWERS BANGALORE.
3. THE ASSISTANT DIRECTOR OF FISHERIES GRADE-II BEHIND M G STADIUM TUMKUR-572103.
… RESPONDENTS (By Mr. Y.D. HARSHA, LEARNED AGA FOR R1 – R3) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER DTD:11.3.2016 ISSUED BY THE R-2 ANNEXURE-E.
DIRECT THE R-2 TO CALL FOR THE LEASE/TENDER FOR THE PERIOD OF MINIMUM 5 YEARS TO GANGASANDRAKERE AS PER THE NOTIFICATION DTD:11.5.2015 ANENXURE-D. GRANT AN INTERIM ORDER TO STAY ALL THE FURTHER PROCEEDINGS PURSUANT TO THE ORDER DTD:29.2.2016 ISSUED BY THE R-2 ANNEXURE-E PENDING DISPOSAL OF THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Y.D.Harsha, learned Additional Government Advocate for respondents 1 to 3.
2. In this petition, the petitioner has prayed for the following reliefs:
(a) Issue a writ of certiorari in quashing order dated 11.03.2016, bearing No.DF/75/hagupta/2015 issued by respondent No.2, Annexure-E.
(b) Issue writ of mandamus directing the 2nd respondent to call for the lease/tender for the periodof minimum 5 years to Gangasandrakere as per the Notification dated 11.05.2015 bearing No.HaGuPa/Lease/1/2015-16. Annexure-D.
(c) Grant such other relief or reliefs as may deem fit to grant in the facts and circumstances of the case in the interest of justice and equity.
4. When the matter was taken up today, learned Additional Government Advocate submits that in view of the fishing policy formulated by the State of Karnataka Fishing rights have to be allowed in favour of fishing co-operative Societies. Therefore, the prayer made by the petitioner for extension of the licence issued to him cannot be acceded to it in view of the policy. In view of the aforesaid submission and in the absence of any challenge to the new policy, which has been formulated by the respondents no relief can be granted to the petitioner.
Accordingly, the petition is dismissed.
Sd/- JUDGE SS