The High Court of Karnataka dismissed a writ petition filed by a fishing license holder challenging a communication that denied his request for an extension of license tenure due to natural calamities, finding the authority had applied its mind and rendered cogent reasons.
Petition dismissed for lack of merit; communication dated 26.07.2022 upheld.
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WP No. 33 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 33 OF 2023 (GM-TEN)
BETWEEN:
C.M.MAHADEVAIAH S/O MADAIAH AGED ABOUT 61 YEARS R/AT CHAPPUR DODDI VILLAGE MADDUR TALUK MANDYA DISTRICT – 571 401.
…PETITIONER
(BY SMT.ARCHANA MURTHY., ADVOCATE)
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
AND:
WP No. 33 of 2023
MYSURU – 23.
…RESPONDENTS
(BY SRI.M.VINOD KUMAR., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THE R2 DTD 1.7.2022 IN NO.DOFTECHOALL2/138/2022, E-816124 VIDE ANNEXURE-K AND ALSO TENDER NOTIFICATION ISSUED BY THE R5 ON 21.12.2022 WITH RESPECT TO SL.NO.17 MDY/MDR/ALL/17/2022-23 OF BESGARAHALLI KERE VIDE ANNEXURE-L.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question an order dated 01.07.2022 as also the tender notification dated 21.12.2022.
WP No. 33 of 2023
for petitioner and Sri.M.Vinod Kumar, learned Additional Government Advocate appearing for respondents.
5 years from 2017 to 2022 with effect from 16.04.2018. The State Government issued a circular extending the tenure of licence so granted for fishing to persons who could not fish due to natural calamities. The petitioner submits a representation for extension of fishing rights on the ground that he also suffered heavy losses due to natural calamities. That having not been considered, he knocks at the doors of this Court in Writ Petition No.11697 of 2022. This Court directs consideration of the representation. The result of the consideration is the impugned communication dated 26.07.2022 and calling for a fresh tender. It is this that drives the petitioner to this Court, yet again.
WP No. 33 of 2023
urge a solitary contention that the communication considering the representation does not bear application of mind and therefore, is to be quashed and a direction to reconsider the representation be issued.
Therefore finding no merit, the petition stands dismissed.
Sd/JUDGE
Bkp List No.: 1 Sl No.: 20
1 issue framed by the court
Whether the communication declining the petitioner's representation for extension of fishing licence due to adverse circumstances lacked application of mind.
C.M. Mahadevaiah
The State of Karnataka
The Director, Department of Fisheries
The Deputy Director, Department of Fisheries
The Deputy Director, Department of Fisheries (Mandya)
The Assistant Director, Grade-2, Maddur
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
