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Sri Gangaparameshwari Multi Purpose v. the State of Karnataka

Karnataka HC6 Jun 2025WP/16254/2025

Case brief

AI extract

What is this about?

Fishing lease rights in lake; auction/tender notification dated 22.05.2025 (Annexure-A) set aside; priority to eligible fishing co-operative societies; Government Order/policy dated 21.02.2014 Clause (IV); Karnataka Souharda Sahakari Act, 1957; Karnataka Co-operative Societies Act; Articles 226 and 227 of the Constitution; order dated 06.06.2025 in W.P.No.15379/2025; Bhargavathi Lake; Ramanagara district (Magadi Taluk); GM-RES writ petition; petition disposed off.

What did the court decide?

Notification at Annexure-'A' dated 22.05.2025 (auction notification inviting tenders for grant of lease rights in the lake for fishing purpose) set aside, in terms of the order dated 06.06.2025 in W.P.No.15379/2025; Government directed to keep the directions of that order in mind while proceeding further; petition disposed off. ¶69

Sri Gangaparameshwari Multi Purpose Vs the State… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the auction notification dated 22.05.2025 at Annexure-'A', inviting tenders for grant of lease rights in the lake for fishing purpose, is contrary to the Government Policy which provides for priority to be given to Co-operative Societies, warranting its quashing. +1 more

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Court's answer

The notification at Annexure-'A' dated 22.05.2025 is set aside.

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Ratio / Principle

This Court having already set aside the very same notification in W.P.No.15379/2025 on 06.06.2025, the present petition also requires to be allowed by setting aside the notification at Annexure-'A' in terms of the order dated 06.06.2025 passed in W.P.No.15379/2025.

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Key takeaways

The directions issued in the order dated 06.06.2025 in W.P.No.15379/2025 are to be kept in mind by the Government while proceeding further.ratio¶68

Detailed headnote1 paragraphs

Writ Petition (GM-RES) No. 16254 of 2025, High Court of Karnataka (Bengaluru), S Sunil Dutt Yadav, J., Oral Order dated 06.06.2025 - A multipurpose fishermen's co-operative society (rep. by its Secretary; referred to the Karnataka Souharda Sahakari Act, 1957) filed this petition under Articles 226 and 227 of the Constitution praying to quash the auction notification dated 22.05.2025 (Annexure-A) issued by the Assistant Director of Fisheries (R2) inviting tenders for grant of lease rights in the lake for fishing purpose, contending that it was contrary to the Government Policy (Annexure-D) which provides for priority to Co-operative Societies. Noticing that this Court had already set aside the very same notification on 06.06.2025 in W.P.No.15379/2025 - in which quoted order, relying on Clause (IV) of the Government Order dated 21.02.2014 reserving the first right to eligible fishing co-operative societies (with further sub-categorisation of priorities by geographical unit), the tender notification at Annexure-K was found not to take note of that priority, was set aside, with clarification that the petitioner there could not insist on fishing rights except per the procedure in the Government Order at Annexure-D and liberty reserved to the State to take fresh steps per that Government Order - this Court set aside the notification at Annexure-'A' dated 22.05.2025 in terms of the order dated 06.06.2025, directed that the directions of that order be kept in mind by the Government while proceeding further, and disposed of the petition.

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NC: 2025:KHC:19490 WP No. 16254 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

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WRIT PETITION NO. 16254 OF 2025 (GM-RES)

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BETWEEN:

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Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA

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SRI GANGAPARAMESHWARI MULTI PURPOSE FISHERMEN CO OP. SOCIETY LTD PARANGICHIKKANAPALYA, KASABA HOBLI, MAGADI TALUK, RAMANGARA DISTRICT- 562 159 REPTD. BY ITS SECRETARY SHRI SHIVANNA S/O SIDDALINGAIAH AGED ABOUT 59 YEARS, R/O PARANGICHIKKANAPALYA, KASABA HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT-562 159 KARNATAKA SOUHARDA SAHAKARI ACT, 1957. … PETITIONER

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(BY SRI. S. VISHWESHWARAIAH, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPTD BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, DR. AMBEDKAR VEEDHI, BENGALURU-560 001

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NC: 2025:KHC:19490 WP No. 16254 of 2025

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HC-KAR

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THE ASSISTANT DIRECTOR OF FISHERIES 1^ST FLOOR, GOVERNMENT OFFICES COMPLEX, AGADI TALUK, RAMANAGARA DISTRICT-562 159

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… RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 & R2)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AUCTION NOTIFICATION DATED 22.05.2025 ISSUED BY THE R2 PRODUCED AT ANNEXURE-A BY ALLOWING THE WRIT PETITION AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV

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ORAL ORDER

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The petitioner has called in question the validity of

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the Notification at Annexure-'A' dated 22.05.2025 whereby

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the respondent Authority has invited the tenders for grant of lease rights in the lake for fishing purpose. Several contentions have been raised including that the notification at Annexure-'A' dated 22.05.2025 is contrary to the Government Policy which provides for priority to be given for Co-operative Societies. Reliance has been placed on the Government Policy, copy of which is produced at

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Annexure-'D'.

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NC: 2025:KHC:19490 WP No. 16254 of 2025

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HC-KAR

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It is noticed that this Court has set aside the

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very same Notification as per the order passed in W.P.No.15379/2025 on 06.06.2025. Accordingly, the present petition also requires to be allowed by setting aside the notification at Annexure-'A' in terms of the order dated 06.06.2025 passed in W.P.No.15379/2025.

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The order dated 06.06.2025 passed in

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W.P.No.15379/2025 reads as follows:-

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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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2. 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

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4 - NC: 2025:KHC:19490 WP No. 16254 of 2025

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HC-KAR

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fishing of the Bhargavathi Lake by way of public auction.

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3. 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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4. Learned AGA submits that the Government is bound by the policy contained in terms of Annexure-D and would adhere to the same.

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5. 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:

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"IV) ಅ��ೆಗಳ� :-

ಕಂ��ೆ -4:-

��ೇ�ಾ��ಾನಗಳ�

1) UÄwÛUÀ :É-

( ಅ ) ಜಲಸಂಪನೂ�ಲಗಳನು� �ದಲುಅಹ��ೕನು ಾರರಸಹ�ಾರಸಂಘಗ�ಂದ ಅ#�ಗಳನು�ಆ%ಾ&'( ಗ�ಷ* 5 ವಷ�ಗಳಅವ, ೆ ಗು-. ೆ ೆ 'ೕಡ�ಾಗುವ0ದು .

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ಅ#�ಸ12(ದ�ೕನು ಾರರಸಹ�ಾರಸಂಘಗಳ�ಈಆ4ೇಶದ ಅನುಬಂಧ -1 ರ12

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5 - NC: 2025:KHC:19490 WP No. 16254 of 2025

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HC-KAR

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ನಮೂ9(ರುವ ಅಹ�:ೆಗಳನು� %ೊಂ9ರ;ೇಕು %ಾಗೂ 4ಾಖ�ಾ-ಗಳನು� ಸ12ಸ;ೇಕು .

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( ಆ ) ಪ=- ಅಹ��ೕನು ಾರರಸಹ�ಾರಸಂಘ�ೆ> , ಆಸಂಘದ;ೈ�ಾಪ=�ಾರ , ಅದರ�ಾಯ��ಾAB.ಯ12 ಗ�ಷ* 300 %ೆ�ೆCೕD ' ಜಲ�(.ೕಣ��ೆ> �ೕರದಂ:ೆಗ�ಷC ಎರಡು�ೆGೆಅಥ�ಾಈಆ4ೇಶದ ಅನುಬಂಧ -2 ರ12 ಪIC Jಾ�ರುವಗ�ಷC ಒಂದು ಜ�ಾಶಯದಅಥ�ಾಗ�ಷ* ಎರಡುನ9LಾಗJಾತ= ಗು-. ೆ ೆ'ೕಡುವ0ದು . (300 %ೆ . ಜಲ�(.ೕಣ��ೕ�ದಜಲಸಂಪನೂ�ಲಗ�ದN ಸಂದಭ�ದ12 �ೇವಲಒಂದು ಜಲಸಂಪನೂ�ಲದ�ೕನುPಾಶು�ಾರುಹಕ>ನು�Jಾತ= ಗು-. ೆಪQೆಯಲುಸದ� �ೕನು ಾರರಸಹ�ಾರಸಂಘಅಹ�:ೆಯನು�%ೊಂ9ರುತ.4ೆ .)

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( ಇ ) ಒಂ4ೇ�ೆGೆ ೆ , �ೆGೆಯ�ಾAB.ಯಹಲ�ಾರು�ೕನು ಾ��ೆಸಹ�ಾ�ಸಂಘಗಳ� ಅ#�ಗಳನು�ಸ12(ದ12 �ದಲSೆಯಆದA:ೆಯನು� ಾ=ಮಮಟCದ�ೕನು ಾ��ೆ ಸಹ�ಾರಸಂಘ�ೆ> , ನಂತರದಆದA:ೆಯನು�ಅನುಕ=ಮ�ಾU %ೋಬ�ಮಟCದ , :ಾಲೂ2ಕು ಮಟCದ ಅಥ�ಾ #�ಾ2 ಮಟCದ �ೕನು ಾರರ ಸಹ�ಾರ ಸಂಘ�ೆ> 'ೕಡುವ0ದು . ( ಈ ) ಒಂ4ೇಆದA:ೆಯ12 ಬರುವಒಂದV>ಂತ%ೆWXನ�ೕನು ಾರರಸಹ�ಾರ ಸಂಘಗಳ�ಒಂ4ೇಜಲಸಂಪನೂ�ಲ�ೆ> ಅ#�ಸ12(ದN12 , ಅ#�ಸ12(ರುವಅಹ� �ೕನು ಾರರಸಹ�ಾರಸಂಘಗಳ ನಡು�ೆJಾತ= ಹGಾಜುನQೆ( ��ೇ�ಾ� Jಾಡುವ0ದು .

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

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6. It is clear that in terms of the priority, the first right is reserved to eligible fishing co-

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HC-KAR

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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.

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

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8. 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.

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

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4. Accordingly, the notification at Annexure-'A'

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dated 22.05.2025 is set aside. The directions issued in the

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NC: 2025:KHC:19490 WP No. 16254 of 2025

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HC-KAR

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