IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.40664-40670 OF 2016 (GM-RES) BETWEEN:
1. MANJUNATH V S/O VENKATASWAMY AGED ABOUT 40 YEARS R/O JAKKASANDRA VILALGE KORAMANGALA BANGALORE – 560034.
2. SRI M GANESH SON OF MUNIYAPPA AGED ABOUT 45 YEARS JAKKASANDRA WARD SARAJAPURA ROAD, 3RD MAIN, 4TH CROSS, BANGALORE – 560034.
3. MARIYAPPA SON OF DODDAMUNIYAPPA AGED ABOUT 42 YEARS R/O VENKATAPURA VILLAGE KORAMANGALA BANGALORE – 560034.
4. VENKATESH K SON OF K KRISHNAPPA AGED ABOUT 38 YEARS R/O VENKATAPURA VILLAGE KORAMANGALA.
5. MALLAPPA SON OF GOPALA M AGED ABOUT 34 YEARS JAKKASANDRA WARD SARAJAPURA ROAD, 3RD MAIN 4TH CROSS BANGALORE – 560034.
6. RAMESH SON OF MUNISWAMAPPA AGED ABOUT 39 YEARS JAKKASANDRA WARD SARAJAPURA ROAD 3RD MAIN 4TH CROSS BANGALORE – 560034.
7. PRABHAKAR REDDY SON OF LATE GIDDANNA REDDY AGED ABOUT 47 YEARS KASAVANAHALLI VILLAGE BANGALORE – 560103.
(By Mr. HARISH GANAPATHI, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY DEPARTMENT OF FISHERIES GOVT OF KARNATAKA VIDHANA SOUDHA BANGALORE – 560001.
2. THE DIRECTOR DEPARTMENT OF FISHERIES PODIUM BLOCK V V TOWERS, DR AMBEDKAR VEEDHI BANGALORE – 560001.
3. THE ASSITANT DIRECTOR FOR FISHERIES GRADE -II, BANGALORE SOUTH TALUK BANGALORE – 560001.
4. THE ASSISTANT DIRECTOR FOR FISHERIES GRADE-I OPP CENTURY CLUB, K R CIRCLE, BANGALROE – 560001.
… PETITIONERS 5. THE PRESIDENT SRI MUNESWARASWAMY MEENUGARARA SAHAKARA SANGHA (R) VALEPURA VARTHUR HOBLI BANGALORE EAST TALUK BANGALORE – 560087.
(By Mr. Y.D. HARSHA AGA FOR R1-R4.
Mr. RAJAGOPAL ADV. FOR R5.) - - -
… RESPONDENTS THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 10.06.2016 PASSED BY R-4 IN FAVOUT OF R5 FOR FISHING LEASE OF KASAVANAHALLI LAKE, BANGALORE EAST TALUK AT ANNEX-F; AND ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Harish Ganapathi, learned counsel for the petitioners.
Sri.Y.D.Harsha, learned Additional Governemnt Advocate for the respondent. Nos. 1 to 4.
Sri.M.R.Rajagopal, learned counsel for the respondent No.5.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In these petitions, the petitioners has prayed for the following reliefs:
a) Issue a Writ of Certiorari to quash the order Bearing No.HaGuPa/20/2016-17 dated 10/06/2016 passed by the 4th Respondent in favour of the 5th Respondent for Fishing Lease of Kasavanahalli Lake, Banglaore East Taluk produced at Annexure-‘F’.
b) Issue a Writ of Mandamus Directing the Respondent No.2 to 3 to call for a fresh auction cum Tender to the Kasavanahalli Lake by issuing a proper public notice as per rules made under the Government Order Bearing No.PaSamMee125/ MeeEE/2013, Bangalore dated 21/02/2014 vide Annexe-G.
c) Grant 4 months time to the Petitioner No.1 to fishing out the remaining fishes in the Kasavanahalli Lake before issuing fresh auction cum tendor;
d) Grant any other relief or reliefs as this Hon’ble Court deems fit in the circumstances of the case, in the interest of Justice and Equity.
4. Learned counsel for respondent No.5 submits that the respondent No.5 has no objection to the equashment of the order dated 10.06.2016 and the resolution in this behalf has already been passed by respondent No.5-Society. It is further submitted that respondent Nos.2 and 3 be directed to issue a fresh tender notice for fishing rights in respect of Kasavanahalli Lake by issuing public notice in the light of the Government Order dated 21.02.2014.
5. In view of the aforesaid submissions and taking into account the resolution passed by respondent No.5-Society, the order dated 10.06.2016 passed by respondent No.4 is hereby quashed and set aside and the respondent No.2 and 3 are directed to issue a public notice in the light of the Government Order dated 21.02.2014.
In the result, the petitions are allowed.
Sd/- JUDGE SS