IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.29723 OF 2016 (GM-TEN) BETWEEN:
MANJESH KUMAR C S/O B.B. CHANNAIAH AGED ABOUT 34 YEARS R/AT NO.8/1, 2ND B CROSS 2ND MAIN ROAD, VIJAYANAGAR BANGALORE-560 040.
(By Mr. CHRISTOPHER NOEL A, ADV.) AND:
1, STATE OF KARNATAKA SECRETARY TO ANIMAL HUSBANDRY AND FISHERY DEPARTMENT AMBEDKAR VEEDHI M.S. BUILDING BANGALORE-560 001.
2. THE DIRECTOR OF FISHERY 3RD FLOOR, PODIUM BLOCK VISHVESHWARAIAH KENDRA DR. AMBEDKAR VEEDHI BANGALORE-560 001.
… PETITIONER 3. ASSISTANT DIRECTOR OF FISHERY GRADE-II K.R. PETE TALUK, MANDYA TALUK MANDYA-560001.
… RESPONDENTS (By Mr. VIJAY KUMAR A. PATIL, LEARNED AGA) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the Government Notification passed by R-3 on 6.5.2016 at Annex-L1. Quash the Government Notification dated 21.2.2014 passed by R-1 at Annex-J and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Christoper Noel A., learned counsel for the petitioner Sri.Vijay Kumar A.Patil, learned Additional Government Advocate for the respondents.
2. In this petition, the petitioner has prayed for the following reliefs:
“a) Issue a writ of certiorari so as to quash the Government Notification No.PASAMEE ME-125 ME EE 2013 vide No HAGUPA/T.KO.HA/01/2016-17 passed by respondent No.3 on 6.5.2016 at Annexure- L1.
b) Issue a writ of certiorari so as to quash the Government Notification No.PA- SAM ME-125 ME EE 2013 dated 21.2.2014 passed by the respondent No.1 at Annexure-J.
c) Issue a writ of mandamus directing the respondents to complete the process of the petitioner application for release of fishing tanks as per their application dated 29.7.2013.
d) Issue such other writ or direction as this Hon’ble Court deem fit with the circumstances of the case.”
3. Learned counsel for the petitioner fairly submits that the relief contained in prayer (a) and (c) does not survive. However, he be granted liberty to file a fresh writ petition in respect of relief contained in prayer (b).
Accordingly, the petition is disposed of with liberty as aforesaid.
Sd/- JUDGE RV