IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.12279 OF 2019 (GM-RES) PIL BETWEEN:
1. SRI KANAKAPPA S/O HANUMAPPA GODI AGED ABOUT 36 YEARS OCC: COOLI R/O HYATI VILLAGE MUDDABHALLI POST TALUK AND DISTRICT KOPPAL 2. SRI SANNARAJAPPA S/O BASAPPA PUJAR AGED ABOUT 48 YEARS OCC: COOLI R/O KUVEMPU NAGAR KOPPAL – 583 231.
... PETITIONERS (BY SRI JAGADEESH GOUD PATIL, ADVOCATE) AND:
1. TUNGABHADRA BOARD (CONSTITUTED BY GOVERNMENT OF INDIA) P.O. TUNGABHADRA DAM HOSAPETE TALUK – 583 225 BELLARI DISTRICT REPT. BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER KOPPAL DISTRICT KOPPAL – 583 231.
3. THE DIRECTOR FISHERIES DEPARTMENT KOPPAL KOPPAL DISTRICT – 583 231.
4. M/S. TUNGABHADRA FISHERIES CO-OP. SOCIETY KORALAHALLI VILLAGE MUNDRAGI TALUK GADAG DISTRICT REP. BY ITS SECRETARY PIN – 582 118.
... RESPONDENTS (BY SRI D. NAGARAJ, AGA FOR R2 & R3) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO R-3 TO ALLOW THE R-4 TO OPERATE THE FISHING STRICTLY AS PER CONDITION NO.9 IMPOSED IN THE TERMS AND CONDITIONS AND LICENCE DATED 03.09.2018 VIDE ANNEXURE-D AT TUNGABHADRA RESERVOIR AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., MADE THE FOLLOWING:
ORDER The grievance of petitioners in this public interest litigation is that the fourth respondent – Society which has been awarded with a contract to harvest fishes has been using 20 mm size nets in violation of conditions No.9 and 10 of the contract. The said conditions read as follows:
“9) The Second party shall operate maximum nunbmer of 08 (eight) alvi net in the reservoir for sustainable fish yield.
10) Gill nets of mesh size of more than 80mm may be operated from September to May. Gill nets of mesh size 20-40mm and above shall be operated in the month of February to May.”
2. Shri D. Nagaraj, learned AGA assures this Court that the Fisheries Department shall strictly enforce conditions No.9 and 10 in the agreement.
3. Recording his submission, this petition is disposed of. No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca