IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION No.16274 OF 2016 (GM-RES) BETWEEN:
Kyasapura Meenugarara Seva Sahakara Sangha Niyamitha, Kyasapura, Ramanagaram Taluk, Ramanagaram District – 571 511. Represented by its Secretary, Smt. Bhanumathi B.N. ... Petitioner (By Mr.H.C.Shivaramu, Advocate) AND:
1. State of Karnataka, Represented by its Secretary, Department of Animal Husbandry, & Fisheries, Vikas Soudha, Bengaluru – 560 001.
2. The Director of Fisheries, Department of Fisheries, 3rd Floor, Podium Block, V.V.Tower, Bengaluru – 560 001.
3. The Assistant Director of Fisheries (Grade – II), Channapatna, Channapatna Taluk, Ramanagaram District – 571 511.
4. The Secretary, Dhashavara Fishermen Multipurpose Co-operative Society, Dhashavara, Ramanagaram Taluk, Ramanagaram District – 571 511.
5. The Minister for Department of Animal Husbandry & Fisheries, Vikas Soudha, Bengaluru – 560 001.
6. The Minister, Minister for Forest & Ramanagara, District Incharge Minister, Presently Resigned M.L.A., Channapatna Taluk, Channapatna – 571 501.
7. The Managing Director, Karnataka State Fisheries, Marketing Federation Ltd., Mysore – 570 001. … Respondents (By Ms. M.C.Nagashree, AGA for R1, R3 and R5; Mr. M.R.Rajagopal, Adv. for R4; R7 served) This Writ Petition is filed under Article 226 of the Constitution of India, praying to quash the impugned order dated 02.07.2014 passed by the R-2 at Annex-T and etc.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER Though the matter is coming up for Preliminary Hearing in ‘B’ group, with the consent of both the parties, matter is taken up for final disposal.
2. Petitioner has sought for writ of certiorari seeking for quashing of impugned order dated 02.07.2014 passed by the 2nd respondent produced at Annexure – T to the writ petition, on the ground that the impugned order is not in compliance of the direction of this Court in writ petition No.17532/2013 vide its order dated 28.01.2014.
3. At this stage, Ms.M.C.Nagashree, learned AGA submits that the impugned order dated 02.07.2014 has spent itself and the rights granted to respondent No.4 has come to an end on 20.02.2019. Learned AGA submits that in view of Annexure – T having spent itself the relief at prayer ‘A’ does not survive and writ petition therefore requires to be dismissed.
4. Mr.H.C.Shivaramu, learned counsel for petitioner submits that he had challenged Annexure – T on the ground that the directions issued by this Court in W.P.No.17532/2013 dated 28.01.2014 had not been followed. The said grounds would continue in order to ascertain if Annexure – T is a valid order or not.
5. Learned AGA submits that Government is planning to issue fresh tender for fishing in a short while and 4th respondent is not carrying out any fishing activities. In fact, Mr.H.C.Shivaramu submits that respondent No.4 is superseded and an Administrator was appointed.
6. Sri.H.C.Shivaramu, learned counsel for petitioner submits that in view of fresh tender for fishing to be issued, if a direction is issued directing respondent Nos.1 to 3 to comply with the directions issued by this Court in W.P.No.17532/2013 dated 28.01.2014, the petitioner would be satisfied.
7. Having considered the submission made by both sides, it would be only academic today to test the order dated 02.07.2014 at Annexure – T in terms of the order of this Court in W.P. No.17532/2013 dated 28.01.2014.
8. In light of the said submissions, the writ petition is disposed of with a direction to respondent Nos.1 to 3 and any other authority with whom the respondent No.1 would vest the right to call for fishing rights to strictly comply with the directions issued by this Court in W.P.No.17532/2013 dated 28.01.2014.
Accordingly, writ petition is disposed of in terms of the above direction.
MH/-
Sd/- JUDGE