Disposed¶70

Shivaganga Besthara Meenugarara Sahakara Sangha Niyamitha v. the State of Karnataka

Karnataka HC6 Jun 2025WP/15379/2025

Case brief

AI extract

What is this about?

Bhargavathi Lake fisheries lease; public auction notification (Annexure-K) set aside; priority to eligible fishing co-operative societies under Clause IV of Karnataka Government Order dated 21.02.2014 (Annexure-D); writ of mandamus under Articles 226 and 227; Ramanagara Zilla Panchayat; Magadi Taluk; Karnataka Co-operative Societies Act; lease hold fishing rights; liberty to State to take fresh steps per policy.

What did the court decide?

Public auction notification at Annexure-K set aside; petitioner cannot insist on grant of fishing rights except as per the procedure in the Government Order dated 21.02.2014 (Annexure-D); liberty reserved to the State to take fresh steps for grant of lease rights for fishing in terms of that Government Order; petition disposed of. ¶70

Shivaganga Besthara Meenugarara Sahakara Sangha… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶70

Issue for consideration

Whether the public auction notification (Annexure-K) for lease hold fishing rights of Bhargavathi Lake, being open to all applicants, is contrary to the priority reserved to eligible fishing co-operative societies under Clause (IV) of the Government Order/policy dated 21.02.2014 (Annexure-D). +1 more

¶43

Court's answer

Under the Government Order dated 21.02.2014 (Clause IV(1)), the first right is reserved to eligible fishing co-operative societies, with further sub-categorisation of priorities depending on the geographical unit; where there are co-operative societies, the public auction must be limited to those societies and cannot be reserved for other claimants.

¶64

Ratio / Principle

The tender notification at Annexure-K does not take note of the priority contained at Clause (IV) of Annexure-D (Government Order dated 21.02.2014).

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Key takeaways

The notification at Annexure-K is set aside.ratio¶69
The petitioner cannot insist for grant of fishing rights except as per the procedure provided for in the Government Order at Annexure-D (dated 21.02.2014).ratio¶69
Liberty is reserved to the respondent-State to take fresh steps as is permissible for grant of lease rights for fishing in terms of the Government Order at Annexure-D.ratio

Detailed headnote1 paragraphs

High Court of Karnataka (Single Judge, S Sunil Dutt Yadav J), W.P. No. 15379 of 2025 (GM-RES), disposed of on 06.06.2025. A fishermen's co-operative society registered under the Karnataka Co-operative Societies Act challenged the proceeding dated 09.04.2025 of Ramanagara Zilla Panchayat and the public auction notification (Annexure-K) for lease hold fisheries rights of Bhargavathi Lake, Magadi Taluk, which was open to all applicants. Held: under Clause (IV)(1) of the Government Order/policy dated 21.02.2014 (Annexure-D), first priority is reserved to eligible fishing co-operative societies, with further sub-priorities by geographical unit; where such societies exist, the public auction must be limited to them and cannot be reserved for other claimants. The tender notification did not take note of this priority and was set aside. The petitioner cannot insist on grant of fishing rights except per the procedure in the Government Order; liberty was reserved to the State to take fresh steps in accordance with it.

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NC: 2025:KHC:19180 WP No. 15379 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 15379 OF 2025 (GM-RES)

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BETWEEN:

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SHIVAGANGA BESTHARA MEENUGARARA SAHAKARA SANGHA NIYAMITHA REP BY ITS PRESIDENT SRI RAVI KUMAR, AGED ABOUT 41 YEARS OFFICE AT PARANGICHIKKANA PALYA KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT - 562 120

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(REGISTERED UNDER THE KARNATAKA

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CO-OPERATIVE SOCIETIES ACT)

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Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA

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(BY SRI. GOPAL., ADVOCATE)

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AND:

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… PETITIONER

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THE STATE OF KARNATAKA RURAL DEVELOPMENT AND PANCHAYAT RAJ DEVELOPMENT REPRESENTED BY ITS

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PRINCIPAL SECRETARY 3^RD GATE 3^RD FLOOR M S BUILDING BANGALORE - 560 001

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2 - NC: 2025:KHC:19180 WP No. 15379 of 2025

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HC-KAR

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THE COMMISSIONER

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RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT K G ROAD

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BANGALORE - 560 001

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THE DEPUTY COMMISSIONER RAMANAGARA

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RAMANAGARA DISTRICT - 562 120

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THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH RAMANAGARA DISTRICT - 562 120

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THE EXECUTIVE OFFICER TALUK PANCHAYAT, MAGADI RAMANAGARA DISTRICT - 562 120

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THE PRESIDENT CUM DEPUTY SECRETARY RAMANAGARA ZILLA PANCHAYATH RAMANAGARA DISTRICT - 562 120

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THE MEMBER SECRETARY CUM ASSISTANT SECRETARY RAMANAGARA ZILLA PANCHAYATH RAMANAGARA DISTRICT - 562 120

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THE ASSISTANT DIRECTOR OF FISHERIES MAGADI, RAMANAGARA DISTRICT - 562 120

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… RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH, AGA)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE WRIT OF

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3 - NC: 2025:KHC:19180 WP No. 15379 of 2025

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HC-KAR

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MANDAMUS OR APPROPRIATE WRIT, TO QUASH THE PROCEEDING DATED 09.04.2025 AT ANNEXURE-A HELD UNDER THE CHAIRMANSHIP OF RESPONDENT NO.6 - DEPUTY SECRETARY AND RESPONDENT NO.7 - MEMBER SECRETARY CUM ASSISTANT SECRETARY OF RAMANAGARA ZILLA PANCHAYAT REGARDING THE MANAGEMENT OF BHARGAVATHI LAKE IN MAGADI TALUK FOR PUBLIC AUCTION TO GRANT LEASE HOLD FISHERIES RIGHTS OF BHARGAVATHI LAKE AND DIRECTION OF RESPONDENT NO.6 - DEPUTY SECRETARY OF RAMANAGARA ZILLA PANCHAYAT TO RESPONDENT NO.7 - ASSISTANT DIRECTOR OF FISHERIES TO CONDUCT PUBLIC AUCTION FOR LEASE HOLD RIGHTS AND DIRECT RESPONDENTS NO. 4, 6 TO 8 TO GRANT LEASE HOLD RIGHTS OF THE BHARGAVATHI LAKE TO THE PETITIONER SOCIETY WHO IS ELIGIBLE SOCIETY AS PER THE KARNATAKA GOVERNMENT POLICY DATED 21.02.2014 AT ANNEXURE-D BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONER DATED 23.08.2024, 08.11.2024 AND 30.11.2024 AT ANNEXURE H, H1, H2 AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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Petitioner has sought for issuance of writ of mandamus to set aside the proceedings dated 09.04.2025 at Annexure-A and has further sought for grant of lease hold rights of Bhargavathi Lake to the petitioner - Society, in light of its eligibility, in terms of the policy of the Government dated 21.02.2014.

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4 - NC: 2025:KHC:19180 WP No. 15379 of 2025

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HC-KAR

¶42

It is the case of the petitioner that it is a Society registered under the Karnataka Co-operative Societies Act and the lease hold rights of fishing of the Bhargavathi Lake is sought to be given by the Government and in regard to which, the petitioner - Society has made several representations. It is further submitted that the respondent - Authorities have sought for granting of lease hold rights of fishing of the Bhargavathi Lake by way of public auction.

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It is specifically contended that public auction is open to all without taking note of the priority that is contained in the Policy of the Government encapsulated in the Order dated 21.02.2014 at Annexure-D. It is the specific case that in terms of the policy referred to above, first priority is with respect to eligible fishing co-operative societies and only in the absence of such societies, other steps can be taken.

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5 - NC: 2025:KHC:19180 WP No. 15379 of 2025

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HC-KAR

¶46

Learned AGA submits that the Government is

¶47

bound by the policy contained in terms of Annexure-D and would adhere to the same.

¶48

It is noticed that the notification at Annexure-K which provides for public auction makes it open for all to apply for lease. The policy of granting lakes for lease of fishing contains a priority. The policy as contained in the Government Order dated 21.02.2014 at Clause (IV) is extracted below:

¶49

"IV) ಅ��ೆ ಗಳ� :-

ಕಂ��ೆ -4:-

��ೆ ೕ�ಾ��ಾನಗಳ�

1) UÀÄwÛUÉ:-

(ಅ) ಜಲಸಂಪನೂ�ಲಗಳನು� �ದಲುಅಹ��ೕನು ಾರರಸಹ�ಾರ

¶54

**ಸಂಘಗ�ಂದ ಅ#�ಗಳನು� ಆ%ಾ&'( ಗ�ಷ 5 *** ವಷ�ಗಳ ಅವ, ಗು-. ೆ 'ೕಡ�ಾಗುವ0ದು . ಅ#� ಸ12(ದ �ೕನು ಾರರ ಸಹ�ಾರ ಸಂಘಗಳ� ಈ ಆ4ೇಶದ ಅನುಬಂಧ -1 ರ1 ನಮೂ9(ರುವ ಅಹ�:ೆಗಳನು�%ೊಂ9ರ;ೇಕು%ಾಗೂ4ಾಖ�ಾ-ಗಳನು�ಸ12ಸ;ೇಕು.

¶55

¶56

NC: 2025:KHC:19180 WP No. 15379 of 2025

¶57

HC-KAR

¶58

(ಆ) ಪ=- ಅಹ��ೕನು ಾರರಸಹ�ಾರಸಂಘ�ೆ>, ಆಸಂಘದ;ೈ�ಾ ಪ=�ಾರ, ಅದರ �ಾಯ� �ಾAB.ಯ12 ಗ�ಷ* 300 %ೆ�ೆCೕD' ಜಲ�(.ೕಣ��ೆ> �ೕರದಂ:ೆ ಗ�ಷC ಎರಡು�ೆGೆ ಅಥ�ಾಈಆ4ೇಶದ ಅನುಬಂಧ -2 ರ1 ಪIC Jಾ�ರುವಗ�ಷC ಒಂದುಜ�ಾಶಯದಅಥ�ಾ ಗ�ಷ* ಎರಡುನ9 LಾಗJಾತ= ಗು-. ೆ ೆ 'ೕಡುವ0ದು. (300 %ೆ . ಜಲ�(.ೕಣ��ೕ�ದಜಲಸಂಪನೂ�ಲಗ�ದN ಸಂದಭ�ದ12 �ೇವಲಒಂದು ಜಲಸಂಪನೂ�ಲದ �ೕನು Pಾಶು�ಾರು ಹಕ>ನು� Jಾತ= ಗು-. ೆ ಪQೆಯಲು ಸದ� �ೕನು ಾರರ ಸಹ�ಾರ ಸಂಘ ಅಹ�:ೆಯನು� %ೊಂ9ರುತ.4ೆ .)

¶59

(ಇ) ಒಂ4ೇ�ೆGೆ ೆ , �ೆGೆಯ�ಾAB.ಯಹಲ�ಾರು�ೕನು ಾ��ೆಸಹ�ಾ� ಸಂಘಗಳ�ಅ#�ಗಳನು�ಸ12(ದ12 �ದಲSೆಯಆದA:ೆಯನು� ಾ=ಮ ಮಟCದ �ೕನು ಾ��ೆ ಸಹ�ಾರ ಸಂಘ�ೆ>, ನಂತರದ ಆದA:ೆಯನು� ಅನುಕ=ಮ�ಾU %ೋಬ�ಮಟCದ, :ಾಲೂ2ಕುಮಟCದಅಥ�ಾ#�ಾ2 ಮಟCದ�ೕನು ಾರರಸಹ�ಾರಸಂಘ�ೆ> 'ೕಡುವ0ದು.

¶60

(ಈ) ಒಂ4ೇಆದA:ೆಯ12 ಬರುವಒಂದV>ಂತ%ೆWXನ�ೕನು ಾರರ ಸಹ�ಾರಸಂಘಗಳ�ಒಂ4ೇಜಲಸಂಪನೂ�ಲ�ೆ> ಅ#�ಸ12(ದN12, ಅ#� ಸ12(ರುವಅಹ��ೕನು ಾರರಸಹ�ಾರಸಂಘಗಳ ನಡು�ೆJಾತ= ಹGಾಜುನQೆ( ��ೇ�ಾ�Jಾಡುವ0ದು.

¶61

7 - NC: 2025:KHC:19180 WP No. 15379 of 2025

¶62

HC-KAR

¶63

(ಉ) �ೆಲವ0 ಆಯN ನ9 Lಾಗಗಳನು� / ಅ��ೆಗಳನು� Jಾತ= �ೕನು ಾರರಸಹ�ಾರಸಂಘಗಳ� `ಅಥ�ಾಮತ.Z ಪ=Lೇದಗಳಸಂರ[\ೆ #ೕವ �ೈ�ಧAಗಳ ಸಂರ[\ೆ ಅಥ�ಾ ಕSಾ�ಟಕದ �]ೇಷ �ೕನು ಪ=Lೇದಗಳಸಂರ[\ೆ ೋಸ>ರಸಂಘI(ರುವವನA #ೕ�ಸಂಘಗಳ�, #ೕವ�ೈ�ಧA ಸಂರ[\ಾಸಂಘಗ� ೆ - ಗ�ಷC ಎರಡುನ9 Lಾಗಗಳನು� Jಾತ= ಗು-. ೆ'ೕಡಬಹುದು. ಈವನA #ೕ�ಸಂಘಗಳ�Sೋಂ4ಾ^ತ ಸಂಘಗ_ಾUರ;ೇಕು. �ೕನು ಪ=Lೇದಗಳ ಸಂರ[\ೆಯ12 :ೊಡU(�ೊಂ�ರ;ೇಕು. %ಾಗೂಅವರ;ೈ�ಾಗಳ12 �ೕನುಸಂರ[\ೆ ಒಂದುಪ=ಮುಖಉ4ೆNೕಶ�ಾUರ;ೇಕು."

¶64

It is clear that in terms of the priority, the first right is reserved to eligible fishing co-operative societies. Even under such category, in terms of the Clause - IV(1) and sub-clause therein, there are further sub categorization of priorities depending on the geographical unit. Needless to state that, if there are co-operative societies, then, the public auction must be limited to those societies and cannot be reserved for other claimants.

¶65

8 - NC: 2025:KHC:19180 WP No. 15379 of 2025

¶66

HC-KAR

¶67

Taking note of the tender notification at

¶68

Annexure-K, clearly the tender notification does not take note of the priority at Clause (IV) of Annexure-D referred to above.

¶69

Accordingly, the notification at Annexure-K is set aside. It is clarified that the petitioner cannot insist for grant of fishing rights except as per the procedure provided for in the Government Order at Annexure-D. Accordingly, liberty is reserved to the respondent - State to take fresh steps as is permissible for grant of lease rights for fishing in terms of the Government Order at Annexure-D.

¶70

In light of the above, petition is disposed of f.

¶71

Sd/(S SUNIL DUTT YADAV) JUDGE

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Shivaganga Besthara Meenugarara Sahakara Sangha Niyamitha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shivaganga Besthara Meenugarara Sahakara Sangha Niyamitha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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