IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs. 34226 OF 2017 & 37019 – 37021 OF 2017 (GM-RES) BETWEEN:
1. SRI JAGADEESHA S/O DODDAGANGAIAH AGED ABOUT 47 YEARS RESIDING AT BESTRARAPALYA, GUDDENAHALLI POST KASABA HOBLI,TURUVEKERE TALUK, TUMKUR DISTRICT – 572139.
2. SRI MANJUNATH S/O DODDAMASTAIAH AGED ABOUT 40 YEARTS RESIDING AT BESTRARAPALYA, GUDDENAHALLI POST KASABA HOBLI,TURUVEKERE TALUK, TUMKUR DISTRICT – 572139.
3. SRI. SHANKARIAH S/O DODDAHIMMAIAH RESIDING AT BESTRAPALYA, GUDDENAHALLI POST KASABA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRICT.
4. SRI. MAHESH B.K S/O KALAIAH AGED ABOUT 36 YEARS, RESIDING AT BESTRARAPALYA, GUDDENAHALLI POST, KASABA HOBLI,TURUVEKERE TALUK, TUMKUR DISTRICT – 572139.
… PETITIONERS (By Mr. KESHAVA BHAT A, ADV.) AND:
1. MEENUGAARARA SAHAKARA SANGHA NIYAMITHA MALLAGATTA TURUVEKERE TALUK, TUMKUR DISTRICT 572 101, REPRESENTED BY ITS SECRETRY.
2. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS SECRETRY DEPARTMENT OF ANIMAL, HUSBANDRY AND FISHERIES, VIDHANA SOUDHA, BANGALORE 561 001.
3. DIRECTOR OF FISHERIES 3RD FLOOR, PODIUM BLOCK, VISHWESHWARAIAH CENTRE, DR. B.R. AMBEDKDAR VEEDHI, BANGALORE 560 001.
4. THE SENIOR ASSISTNAT DIRECTOR OF FISHERIES TUMKUR DISTRICT, TUMKUR- 5720101.
5. THE ASSISTNAT DIRECTOR OF FISHERIES CRADE-II, TURUVEKERE TLAUK, TURUVEKERE 572 221.
… RESPONDENTS (By MR. Y.D. HARSHA, ADV. FOR R2 – R5 MR. M.C. JAYAKIRTHI ADV. FOR R1) - - -
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO 5 TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONERS DTD. 26.4.2017 AND 11.5.2017 VIDE ANNEXURE-C & D AND GRANT INDIVIDUAL LICENSE TO THE PETITIONERS AND OTHER MEMBERS OF THE SOCIETY AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Keshava Bhat, learned counsel for the petitioners.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent Nos.2 to 5.
Sri.M.C.Jayakirthi, learned counsel for the respondent.No.1.
2. The writ petitions are admitted for hearing.
With consent of the parties, the same are heard finally.
3. In these petitions, the petitioners have prayed for the following reliefs:
a). Issue writ of mandamus or any other appropriate writ, order or direction directing the Respondents 3 to 5 to consider the representations made by the petitioners dated 26.04.2017 and 11.05.2017 vide annexure-C and D and grant individual license to the petitioners and other members of the society in the interest of justice and equity.
b). Grant such other and further relief that this Hon’ble court deems fit in the circumstances of this case, in the interest of justice.
4. When the matters were taken up today, learned counsel for the petitioners submitted that the petitions be disposed of with a direction to respondent Nos.3 to 5 to consider the representation submitted by the petitioners dated 26.04.2017 and 11.05.2017 in the light of the Inland Water Sources Fishing Disposal Regulations, 2014 (hereinafter referred to as ‘the Regulations’ for short) dated 06.03.2014 by a speaking order. On the other hand, learned Government Advocate submits that in case such a representation is submitted, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with a direction to respondent Nos.3 to 5 to consider the representation submitted by the petitioners dated 26.04.2017 and 11.05.2017 by a speaking order after affording an opportunity of hearing to all the necessary parties including respondent Nos.1 and 2 and to decide the same by a speaking order in the light of Inland Water Sources Fishing Disposal Regulations, 2014 dated 06.03.2014. It is made clear that this Court has not expressed any opinion on the merits of the claim of the parties.
Accordingly the petitions are disposed of.
Sd/- JUDGE SS