IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27861/2019 (GM-KSR) BETWEEN:
MAHILA MEENUGARARA SAHAKARA SANGHA NIYAMITHA GURUPURA, OFFICE AT:HOLEHINNUR ROAD, GURUPURA, SHIMOGGA TALUK AND DISTRICT-577 201. BY ITS SECRETARY SMT. BHAGYA. ... PETITIONER (BY SRI.GANAPATHI, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT, M.S.BUILDING, BANGALORE-560001.
2. THE DIRECTOR OF FISHERIES, OFFICE:3RD FLOOR, PODIUM BLOCK, VISHWESHWARAIAH TOWER, DR.AMBEDKAR VEEDHI, BANGALORE-560001.
3. THE SENIOR ASSISTANT DIRECTOR OF FISHERIES (GRADE-II), SHIMOGGA TALUK, SHIMOGGA-577 201.
4. THE ASSISTANT DIRECTOR OF FISHERIES (GRADE-II), SHIMOGGA TALUK, SHIMOGGA-577 201.
(BY SRI.V.SHIVAREDDY, HCGP) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 20.05.2019 UNDER ANNX-T ISSUED BY THE R-4 ISSUING A WRIT IN THE NATURE OF CERTIORARI, CONSEQUENTLY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Ganapathi, learned counsel for the petitioner.
Sri.V.Shivareddy, High Court Government Pleader for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for quashing of notice dated 20.05.2019 issued by Respondent No.4 by which, the petitioner has been restrained from carrying out any fishing activities in the pond which has been allotted to him.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the period of lease executed in favour of petitioner is still subsisting. However, Respondent No.4 has issued the impugned notice dated 20.05.2019. It is further submitted that being aggrieved, the petitioner has already filed the objections to Annexure-E dated 24.07.2015 and Respondent No.2 be directed to decide the representation submitted by the petitioner after affording an opportunity of hearing to the authorized representative of the petitioner.
5. On the other hand, learned High Court Govt. Pleader submits that suitable action in accordance with law shall be taken.
6. In view of the submission made by learned counsels for both the parties, the Petition is disposed of with a direction to Respondent No.2 to decide the objections which has been preferred by the petitioner by a speaking order within a period of one week from the date of receipt of certified copy of this order, after affording an opportunity of hearing to the parties.
7. The petition is disposed of.
Sd/- JUDGE BNV