Allowed

Fishermen Development and v. State of Karnataka

Karnataka HC2 Sept 2021WP/13765/2021

Case brief

AI extract

What is this about?

This High Court allowed a writ petition filed by a fishermen cooperative society. The court quashed a notification inviting tenders for Vrushabhavathi Tank as the respondents called for fresh tenders without passing an order on the petitioner's reply submitted in a pending proceeding.

What did the court decide?

Notification dated 16.07.2021 is set aside for Vrushabhavati Tank; respondents to dispose reply first before issuing tender.

Fishermen Development and Vs State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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W.P No.13765/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.13765 OF 2021 (GM-RES)

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BETWEEN :

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FISHERMEN DEVELOPMENT AND MARKETING CO-OPERATIVE SOCIETY LIMITED POLENAHALLI DONIMADAGU POST BANGARPET TALUK KOLAR DISTRICT-563 129 REPRESENTED BY ITS SECRETARY ... PETITIONER

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(BY SHRI. K.H. SOMASEKHARA, ADVOCATE)

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AND :

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STATE OF KARNATAKA BY SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION VIKAS SOUDHA DR. AMBEDKAR ROAD BANGALORE-560 001

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THE DEPUTY DIRECTOR DEPARTMENT OF FISHERIES M.S.BUILDING BANGALORE-01

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W.P No.13765/2021

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THE ASSISTANT DIRECTOR DEPARTMENT OF FISHERIES BETHAMANGALA BANGARAPETE TALUK KOLAR DISTRICT-563 116 ... RESPONDENTS

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(BY SHRI. B.V. KRISHNA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DTD 16.07.2021 CALLING THE TENDER FOR FISHING RIGHTS IN SO FAR AS SL.1 AND 2 IS CONCERNED ISSUED BY THE R-3 VIDE ANNX-A AND ETC.

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THIS WRIT PETITION, HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 11.08.2021, COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:-

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ORDER

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Petitioner is a Co-operative Society formed for economic development of fishermen community. It had obtained fishing rights to harvest fish in Vrushabhavathi Tank in Kamasamudra village, Bangarpete Taluk, for a period of five years from 2017-18 to 2021-22. Society had harvested fish for first four years.

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On 20.05.2021, a notice as per Annexure-G was issued by the Assistant Director of Fisheries, calling upon the society to explain the irregularities committed by the

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W.P No.13765/2021

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Society stated in the notice. Petitioner challenged the same in W.P.No.10300/2021. This Court, vide order dated 23.06.2021 disposed of the writ petition directing the respondents to provide an opportunity of hearing to the petitioner. Pursuant thereto, petitioner has submitted it's reply as per Annexure-K.

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By notification dated 16.07.2021 (Annexure-A), the third respondent has invited fresh tenders for fishing rights in six tanks including the Vrushabhavathi Tank. Hence, this writ petition.

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Shri Somasekhara, learned advocate for the petitioner submitted that earlier when fishing rights were granted, no conditions were imposed. However, for the first time, respondents have issued notice as per Annexure-G and petitioner-Society has given it's reply as per Annexure-K. He submitted that without passing any order after hearing petitioner, respondents have again called for fresh tender. The same is in violation of principles of

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W.P No.13765/2021

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natural justice. It has adversely affected petitioner's right to carry on business.

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Shri B.V.Krishna, learned AGA submitted that petitioner has not satisfactorily explained the violations stated in the notice. Therefore, authorities have rightly called for fresh tender.

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I have carefully considered rival contentions and perused the records.

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It is not in dispute that petitioner was granted fishing rights for the period 2017 to 2022. Petitioner has approached this Court in W.P.No.10300/2021. Pursuant to the order in the said writ petition, petitioner has submitted it's reply as per Annexure-K on 12.07.2021. Without passing any order thereon, respondents have called for fresh tender and such action in the teeth of order passed by this Court in W.P.No.10300/2021 is unsustainable. Hence the following:

W.P No.13765/2021

ORDER

(i) Writ petition allowed ;

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(ii) The Notification dated 16.07.2021 as per

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Annexure-A is set aside only so far as it relates to invitation of tenders for Vrushabhavati Tank;

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(iii) Respondents shall first dispose of Annexure-K,

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the reply given by petitioner by complying with the directions contained in W.P.No.10300/2021 and thereafter

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proceed further to issue fresh tender in respect of Vrushabhavati Tank, if necessary.

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No costs.

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Sd/JUDGE

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Yn.

Fishermen Development and v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Fishermen Development and v. State of Karnataka

Case brief

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What did the court decide?

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