Disposed

Manjesh Kumar C v. State of Karnataka

Karnataka HC15 Dec 2015WP/34291/2014

Case brief

AI extract

What is this about?

The High Court at Bengaluru disposed of writ petitions challenging a new policy restricting fishing lease tenders to registered societies. The court directed the State to include all disqualified individuals alongside the Society in the tender for the 2016-17 year, keeping the policy's validity open for future challenge.

What did the court decide?

All petitioners permitted to participate in tender along with the Society; respondent directed to call for tender indicating departure from policy.

Manjesh Kumar C Vs State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2015)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF DECEMBER, 2015

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No.48563 OF 2014 (GM-TEN)

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CONNECTED WITH

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WRIT PETITION Nos.21468-21469 OF 2015 (GM-TEN)

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WRIT PETITION Nos.26148-26149 OF 2014 (GM-RES) WRIT PETITION Nos.34291-34292 OF 2014 (GM-TEN)

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WRIT PETITION No.5809 OF 2015 (GM-RES)

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IN W.P.No.48563 OF 2014

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BETWEEN:

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Dinesh, Son of Narshimhaya, Aged about 43 years, Door No.70/1, Behind Jail Quarters, Rajendra Nagar, Shimoga 577 202.

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…PETITIONER

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(By Shri Santosh S Nagarale, Advocate)

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AND:

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Secretary to Animal Husbandry and Fisheries Department, State of Karnataka, Ambedkar Veedhi, M.S.Buidling, Bangalore 560 001.

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The Director of Fisheries, 3^rd Floor, Podium Block, Vishveshwaraiah Block, Dr. Ambedkar Veedhi, Bangalore 560 001.

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Assistant Director of Fisheries (Grade-2), Shimoga Taluk, Shimoga 577 201.

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Mahila Meenugarara Sahakara Sangha Niyamitha, Gurupura, Office at: Holehonnur Road, Gurupra, Shimoga Taluk and District 577 201, By its Secretary, Smt. Bhagya. [respondent no.4 impleaded Vide court order dated 2.12.2014]

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…RESPONDENTS (By Shri Vijaykumar A Patil, Additional Government Advocate for Respondent Nos. 1 to 3; Shri Gnapathi, Advocate for Respondent No.4)

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This Writ Petition filed under Article 226 of the Constitution of India praying to quash the both Government Notification dated 21.2.2014 at Annexure-B and B1 respectively issued by the R-1 and circular dated 30.9.2014 issued by R-3, inviting tender cum auction of Fisheries Rights in respect of Ayanur (Ittegehall-Gowdankere) at Annexure-C and etc;

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IN W.P.Nos.21468-21469 OF 2015

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BETWEEN:

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Sri. M. Bharamegowda, Son of Late Veerappa, Aged about 45years, Resident of No.684, 13^th Main Road, 1^st Block, Basaveshwaranagar, West of Chord Road, Bangalore 560 079.

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…PETITIONER

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(By Shri G.S.Balagangadhar, Advocate)

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AND:

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The Chief Secretary, Government of Karnataka, Vidhana Soudha, Vidhana Veedhi, Bangalore 560 001.

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The Principal Secretary, Animal Husbandry and

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Fisheries Department, Government of Karnataka, Vidhana Soudha, Vidhana Veedhi, Bangalore 560 001.

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The Director, Directorate of Fisheries, 3^rd Floor, Podium Block, Visvesvaraya Centre, Dr. Ambedkar Veedhi, Bangalore 560 001.

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The Senior Assistant Director Fisheries Department, Tumkur 572 131.

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The Assistant Director-Grade II, Fisheries Department, Opposite to Stadium, Tumkur 572 131. …RESPONDENTS

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(By Shir Vijayakumar A Patil, Additional Government Advocate for respondents)

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These Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to quash the policy of 2014 dated 21.2.2014 vide Annexure-J and also publication for lease hold rights for a period of 5 years from 1.7.2015 to 30.6.2020 dated 11.5.2015 issued by the fifth respondent vide Annexure-P with regard to Gangasandra Tank, Tumkur Taluk as the same are unconstitutional and opposed to principles of natural justice.

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IN W.P.Nos.26148-26149 OF 2014

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BETWEEN:

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The Schedule Caste and Schedule Tribes Fisher Men’s Co-operative Society Limited, Banasandra 572 212, Turuvekere Taluk, Tumkur District, Represented by its Secretary, Sri. Manjunath D.L., Son of Lakkaiah, Aged about 42 years.

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…PETITIONER

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(By Shri V.B.Siddaramaiah, Advocate)

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AND:

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The State of Karnataka, Represented by its Secretary, Department of Animal Husbandry and Fisheries, Vikasa Soudha, Dr. B.R.Ambedkar Veedhi, Bangalore 560 001.

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The Assistant Director of Fisheries, Grade-2, Turuvekere Taluk, Turuvekere 572 212, Tumkur District.

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…RESPONDENTS

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(By Shri Vijaykumar A Patil, Additional Government Advocate)

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These Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to quash the Notification dated 21.2.2014 issued by the first respondent represented by its Secretary, Department of Animal Husbandry and Fisheries published in the Karnataka Gazette dated 6.3.2014 Thursday, in its part-1 vide Annexure-C and etc;

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IN W.P.Nos.34291-34292 OF 2014

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BETWEEN:

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Manjesh Kumar .C, Son of B.B.Channaiah, Aged about 39 years, Residing at No.8/1, 2^nd B Cross, 2^nd Main Road, Vijayanagar, Bangalore 560 040.

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Mahesh .G, Son of Guggaiah, Aged about 41 years, Residing at No.412, 2^nd Stage, 2^nd Cross, Srirampura, Mysore 560 024. …PETITIONERS

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(By Shri Christopher Neol .A, Advocate)

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AND:

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State of Karnataka, Secretary to Animal Husbandry and Fishery Department, Ambedkar Veedhi, M.S.Building,

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Bangalore 560 001.

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The Director of Fishery, 3^rd Floor, Podium Block, Vishveshwaraiah Kendra, Dr. Ambedkar Kendra, Bangalore 560 001.

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Assistant Director of Fishery Grade-II, Old Santhemarnahalli Road,

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T. Narasipura Taluk, Mysore District 571 124.

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Assistant Director of Fishery Grade-II, K.R.Pet Taluk, Mandya Taluk, Mandya 571 401.

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…RESPONDENTS

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(By Shri Vijaykumar A Patil, Additional Government Advocate for Respondents)

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These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to quash the Government Order dated 21.2.2014 at Annexure-A and Government Notification dated 21.2.2014 issued by R-3 and R-4 on 17.5.2014 and 29.5.2014 inviting fishing tanks for tender-Cum auction in respect of Kikkeri Amani Kere and Alagudu Hirikere at Annexure-B and B1 and etc;

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IN W.P.No.5809 OF 2015

BETWEEN:

G.S.Manjunatha,

Son of G.Sadashivaiah, Aged about 58 years, Channabasaveshwara Nilaya, 9^th ‘C’ Cross, Mallige Road, Ashoka Nagara, Tumkur 572 103. …PETITIONER

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(By Smt. Nagashree M.C., Advocate)

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AND:

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Chief Secretary, State of Karnataka, Vidhana Soudha, Bangalore 560 001.

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Principal Secretary, Department of Animal Husbandary And Fisheries, Vikasa Soudha, Bangalore 560 001.

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Director, Department of Fisheries, 3^rd Floor, Podium Block, Vishweshwaraiah Towers, Bangalore 560 001.

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…RESPONDENTS

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(By Shri Vijaykumar A Patil, Additional Government Advocate)

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This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to quash fishing policy dated 21.2.2014, issued by the first respondent represented by its Secretary, Department of Animal Husbandry and Fishery

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published in Karnataka Gazette dated 16.2.2006 Annexure-B and to issue writ of mandamus to consider the representation Annexure-F and F1.

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These Writ Petitions coming on for Orders this day, the court made the following:

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O R D E R

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Heard the learned counsel for the petitioners and the

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learned Government Advocate.

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It is the common grievance of the petitioners that they are all unemployed fisheries graduates and that they had been awarded contracts of fishing in several tanks and lakes in the State over the years. However, the State has now formulated a new policy whereby it permits only registered Societies to approach the State for obtaining a lease in respect of tanks and lakes. The petitioners are aggrieved of they being shut out from the process and it is submitted that their very livelihood is at stake. At the present juncture, since the fishing is long overdue and would have to commence immediately, it would have to be decided one way or the other, notwithstanding the policy.

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Since there is only one Society which has submitted

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its tender for grant of lease and in view of the fact that it would claim a clear advantage over the other fishermen, it is made clear that the Society shall not be given any added advantage or priority and all the petitioners along with Society, will be enabled to submit their tenders for obtaining the lease in respect of the tanks which are the subject matter of the present petitions. This shall hold good for the 2016-17 fishing year.

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The question as to whether the policy is valid or not, is kept open.

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The respondent – State is directed to call for the tender while indicating that there is a departure from the policy and that all the petitioners would be permitted to participate at the tender along with the Society which is in the race. The petitions stand disposed of.

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Since this Court has not chosen to address the case on merits, it is open for the petitioners to challenge the policy, if at all, at a later stage.

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In view of the disposal of the proceedings, the application for impleading does not survive for consideration. However, the applicant is free to participate and submit his

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tender for grant of lease of fishing rights.

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Sd/-

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JUDGE

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Manjesh Kumar C v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Manjesh Kumar C v. State of Karnataka

Case brief

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What did the court decide?

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