M/S. Maha Mysore Boat Building Enterprises Vs… — Writ and Judicial Review | Karnataka HC (2025)

M/S. Maha Mysore Boat Building Enterprises Vs… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether Condition No.18 of the Annexure A feasibility certificate (Ref No. MEF/02:2025-26 dated 20-06-2025) should be quashed on the plea that it prevents the petitioners from using their business/trade name and carrying on their boat-building business.

Court's answer

The demand on the petitioners under Condition No.18 is only to surrender the licensed land; neither Condition No.18 nor the respondents' demand prevents the petitioners from using their trade name or carrying on business, which they may do from any other location with the same trade name.

Ratio / Principle

Consistently with the timeframe given in WP No.32577/2025 (order dated 10.11.2025), the petitioners are granted time till 11.03.2026 to hand over possession of the licensed land, without seeking further extension.

Detailed headnote1 paragraphs

Writ Petition No. 24225 of 2025 (GM-RES) (NC: 2025:KHC:50810), High Court of Karnataka at Bengaluru — Suraj Govindaraj, J. — Order dated 03.12.2025: Registered partnership firms engaged in mechanized fishing-boat construction at Portland, Hoige Bazar, Mangaluru (boat-building yard licensed since 1969 on payment of annual ground rent to the Port Officer) impugned Condition No.18 of the feasibility certificate for construction of fishing vessels/boats (Ref No. MEF/02:2025-26 dated 20-06-2025), contending it would prevent use of their trade name and carrying on of their business. Following this Court's earlier order dated 10.11.2025 in WP No.32577/2025 (M/s Maha Mysore Boat Building Enterprises vs. Fisheries Department, Government of Karnataka and another), wherein the land was held designated for the third stage of the fishery harbour in D.K. Mangaluru and licensees were required to surrender possession to the port authorities, the Court held that the demand under Condition No.18 is only for surrender of the licensed land and does not prevent the petitioners from carrying on the same business in any other location with the same trade name. Time till 11.03.2026 was granted to hand over possession, without further extension. Writ petition dismissed.

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NC: 2025:KHC:50810 WP No. 24225 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 24225 OF 2025 (GM-RES)

BETWEEN:

M/S. MAHA MYSORE BOAT BUILDING ENTERPRISES A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT PORT LAND HOIGE BAZAR, MANGALURU REP. BY ITS PARTNER SRI H. KRISHNA KANGEN @ KRISHNA KANCHAN S/O. JEENAPPA KARKERA AGED ABOUT 72 YEARS RESIDING AT 'SHRI KRIPA' NEAR JANATHA KENDRA MARIGUDI CROSS ROAD BOLAR, MANGALURU 575001.

Digitally signed by SHWETHA RAGHAVENDRA

Location: HIGH COURT OF KARNATAKA

SHREE SOWPARNIKA SEA CRAFT UNIT A REGISTERED PARTNERSHIP FIRM HAVING ITS OFFICE AT PORT LAND HOIGE BAZAR, MANGALURU REP. BY ITS GENERAL POWER OF ATTORNEY HOLDER SRI H. KRISHNA KANGEN @ KRISHNA KANCHAN S/O. JEENAPPA KARKERA AGED ABOUT 72 YEARS RESIDING AT 'SHRI KRIPA' NEAR JANATHA KENDRA MARIGUDI CROSS ROAD BOLAR, MANGALURU – 575001.

…PETITIONERS

(BY SMT. SUSHMITHA SURESH., ADVOCATE)

AND:

STATE OF KARNATAKA REP. BY THE CHIEF SECRETARY VIDHANA SOUDHA

2 - NC: 2025:KHC:50810 WP No. 24225 of 2025

HC-KAR

DR.B.R. AMBEDKAR VEEDHI

BENGALURU-560 001.

THE DIRECTOR OF FISHERIES KARNATAKA, DIRECTORATE OF FISHERIES PODIUM BLOCK, VISHWESHWARAIAH CENTER DR. B.R. AMBEDKAR ROAD BENGALURU -560 001.

THE JOINT DIRECTOR OF FISHERIES OFFICE OF THE JOINT DIRECTOR INFORMATION CENTER BUILDING 1ST FLOOR, SOUTH WHARF, BUNDER MANGALURU 575001.

THE DEPUTY DIRECTOR OF FISHERIES BOAT AND ACCESSORIES SOUTH WHARF, BUNDER MANGALURU 575001.

KUMAR HOSABETTU KANCHAN S/O JENAPPA KARKERA R/AT 101 OLD KENT ROAD ENTITY APARTMENT PANDESHWARA, MANGALORE-575001.

…RESPONDENTS

(BY SMT. SARITHA KULKARNI, AGA. FOR R1 TO R4: SRI. MAHAMMAD IRFAN., ADVOCATE FOR R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH CONDITION NO.18 INCORPORATED IN THE ANNEXURE A -OTHER FEASIBILITY CERTIFICATES IF ANY ISSUED TO VARIOUS FISHERMEN BY THE RESPONDENTS IN CONNECTION WITH THE CONSTRUCTION OF FISHING VESSELS/ BOATS REF NO: MEF/02:2025-26 DATED 20-06-2025.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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NC: 2025:KHC:50810 WP No. 24225 of 2025

HC-KAR

ORAL ORDER

1. The petitioners are before this Court seeking for the following reliefs:

(a) Issue a writ of Certiorari or any other appropriate writ, order or direction to quash Condition No.18 incorporated in the Annexure A Feasibility Certificate and similar conditions - imposed in such other feasibility certificates if any issued to various fishermen by the respondents in connection with the construction of fishing vessels/ boats; Ref No. MEF/02:2025-26 dated 20-062025.

(b) Direct the Respondents to issue Feasibility Certificates without incorporating Condition No.18 and permit the registration of boats constructed through the Petitioners;

(c) Pass such other or further orders as this Honourable Court deems fit in the facts and circumstances of the case, including costs of this Petition.

The petitioner claimed to be engaged in the construction of mechanized fishing boat and its equipment at Portland, Hoige Bazar, Mangaluru since the year 1969 and had been issued a license to put up a boat building yard on payment of annual ground rent to the Port Officer, Mangaluru. The petitioner is aggrieved by the requirement of imposition of

4 - NC: 2025:KHC:50810 WP No. 24225 of 2025

HC-KAR

Condition No.18 in the feasibility certificate issued to the petitioner in connection with construction of fishing vessels, boats. Condition No. 18 reads as under:

18. **ಮ�ಾ�ೖಸೂ� ಮತು� �ೌಪ��ಕ �ೋ� ��ಂ� �ಾಡ�ನು� ಮಂಗಳ!ರು ಬಂದ%&ಂದ 'ೆರವ)ೊ+ಸುವ ಬೆ, -ೋ�� ಆ/ೇಶ ಇರುವ)ದ%ಂದ ಇ�2 /ೋ�ಗಳನು� &3�ಸುವಂ4ಲ2 ಮತು� 6ೋಂದ� 7ಾಡ8ಾಗುವ)9ಲ2** .

Submission of learned counsel for the petitioner is that in view of the said condition, the petitioner will be prevented from making use of the business name of the petitioner and carrying on their business and it is on that ground that Condition No.18 is impugned.

This Court has dealt with similar matters in the case of M/s Maha Mysore Boat Building Enterprises vs. Fisheries Department, Government of Karnataka

and another¹ and has categorically come to a conclusion that since the land has now been

1 WP No.32577/2025 dtd 10.11.2025

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designated for the purpose of establishment of third stage of fishery harbour in D.K., Mangaluru, the said land cannot be made use of by any of the licensees and the licensees have to surrender the possession of the property of their land licensed to the port authorities.

Insofar as the contention of the learned counsel for the petitioner is that the trade name of the petitioner cannot be used and or the petitioner cannot be in business, the same is not the requirement of either Condition No.18 or the demand made by the respondents inasmuch as the demand of the respondents is only for the petitioner to surrender the licensed land. The petitioner can always carry on the same business in any other location with the same trade name.

This Court in its order dated 10.11.2025 in WP No.32577/2025 had granted time to the other

6 - NC: 2025:KHC:50810 WP No. 24225 of 2025

HC-KAR

licensees / lease holders till 11.03.2026 to hand over the land to the respondents. In a similar manner like time frame is granted to the petitioner to hand over the possession. The petitioner shall hand over the possession by 11.03.2026 without seeking for further extension.

With the above observations, the Writ Petition stands

dismissed.

SD/(SURAJ GOVINDARAJ) JUDGE

PRS List No.: 1 Sl No.: 86