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Sri N Ramu v. State of Karnataka

Karnataka HC27 Apr 2026WP/13520/2026

Case brief

AI extract

What is this about?

Fisheries tank lease dispute; 'Raghuramapur Kere', Mandya district; e-tender notification dated 23.06.2024; leasehold period 2025-26 to 2029-30; demand notice No. HAGUPA/01/2026-27 dated 06.04.2026 for second-year (2026-27) EMD; writ of certiorari/mandamus under Articles 226 and 227, Constitution of India; deferment/abeyance of EMD demand till 30.06.2026 (end of first lease year 01.07.2025-30.06.2026); petition disposed of, no costs; High Court of Karnataka, single bench (Justice Sachin Shankar Magadum).

What did the court decide?

Demand notice calling for EMD for the year 2026-27 kept in abeyance till 30.06.2026; petitioner directed to deposit the said amount on or before 30.06.2026, failing which it is open to the respondents to proceed in accordance with law and in terms of the tender conditions; no order as to costs. ¶47

Sri N Ramu Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned demand notice requiring remittance of the Earnest Money Deposit (EMD) for the second lease year (2026-27) should be deferred till the culmination of the first lease year on 30.06.2026 so as to enable the petitioner to harvest the fish stock and arrange the necessary funds.

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Court's answer

The request for deferment of the EMD demand till 30.06.2026 is just and reasonable: the fisheries activity undertaken by the petitioner is inherently dependent on seasonal cycles, harvesting commences only towards the end of the lease year, limited indulgence would cause no serious prejudice to the respondent-State, while denial of such relief would visit the petitioner with undue hardship.

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Ratio / Principle

Limited relief granted: the impugned demand is kept in abeyance till 30.06.2026, subject to compliance (deposit of the demanded amount) within the extended time.

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Detailed headnote1 paragraphs

Karnataka HC (Sachin Shankar Magadum J.) disposed of Writ Petition No. 13520 of 2026 (GM-RES), filed under Articles 226 and 227 of the Constitution by Sri N Ramu, the highest bidder under an e-tender dated 23.06.2024 who holds fisheries leasehold rights in the tank 'Raghuramapur Kere' for 2025-26 to 2029-30. Challenged: demand notice No. HAGUPA/01/2026-27 dated 06.04.2026 (Annexure-D) issued by the Assistant Director of Fisheries calling for EMD for 2026-27 before the petitioner could harvest the fish stock. Finding deferment just and reasonable given the seasonal nature of fisheries and absence of prejudice to the State, the Court kept the impugned demand in abeyance till 30.06.2026, directed deposit of the amount on or before that date failing which the respondents may proceed in accordance with law and the tender conditions; no order as to costs.

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NC: 2026:KHC:23301 WP No. 13520 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF APRIL, 2026 BEFORE

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13520 OF 2026 (GM-RES)

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BETWEEN:

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SRI N RAMU S/O NAGARAJU, AGED ABOUT 23 YEARS, R/AT NORTH BANK GRAMA (P) CHIKKANAYAKANAHALLI HOBLI, KRISHNARAJA PURA TALUK, MANDYA (D) - 571 432.

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…PETITIONER

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(BY SMT. SARITHA A L, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA

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REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF

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ANIMAL HUSBANDRY AND FISHERIES, M S BUILDING, BENGALURU - 560 001.

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THE DIRECTOR, DIRECTORATE OF FISHERIES, 3^RD FLOOR, PODIUM BLOCK, VISVESWARAYA CENTRE, BENGALURU - 560 001.

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THE ASSISTANT DIRECTOR OF FISHERIES, MINI VIDHANA SOUDHA, NO.301-02, 3^RD FLOOR,

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NC: 2026:KHC:23301 WP No. 13520 of 2026

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HC-KAR

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NAGAMANGALA MANDYA (D) - 571 432.

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…RESPONDENTS

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(BY SRI. ADITYA DIWAKAR, AGA)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE IMPUGNED NOTICE NO.HAGUPA/01/2026-27 DATED 06.04.2026 ISSUED BY THE 3^RD RESPONDENT VIDE ANNEXURE-D 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 SACHIN SHANKAR MAGADUM

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ORAL ORDER

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The petitioner, in the captioned petition, is assailing the impugned demand notice dated 06.04.2026 issued by respondent No.3 as per Annexure-D. Consequently, mandamus is sought to direct the respondents not to insist the petitioner to deposit the lease amount of the 2^nd year lease period.

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2. Heard learned counsel appearing for the petitioner and learned AGA appearing for the respondents.

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NC: 2026:KHC:23301 WP No. 13520 of 2026

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HC-KAR

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3. The facts, in brief, leading to the filing of the present writ petition are that, pursuant to the e-tender notification dated 23.06.2024 issued by the respondentauthorities in respect of ‘Raghuramapur Kere’, the petitioner participated in the tender process and emerged as the highest bidder. Consequently, leasehold rights in respect of the said tank were granted in favour of the petitioner for a period spanning from the year 2025-26 to 2029-30. It is the specific assertion of the petitioner that, in compliance with the tender conditions, he has deposited the initial bid amount and other requisite charges within the stipulated time for the first year of lease.

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4. The grievance of the petitioner arises on account of issuance of a demand notice by the respondents calling upon him to remit the Earnest Money Deposit (EMD) for the second year, namely 2026-27. The petitioner contends that he has not yet harvested the fish stock from the tank and, therefore, is not in a position to mobilize sufficient funds to comply with the said demand at this juncture.

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4 - NC: 2026:KHC:23301 WP No. 13520 of 2026

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HC-KAR

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Placing reliance on Annexure-B, he seeks deferment of the demand.

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5. It is further contended that the first year of lease commenced from 01.07.2025 and is to conclude on 30.06.2026. In that view of the matter, the petitioner seeks indulgence of this Court to defer the impugned demand notice till the culmination of the first lease year, i.e., up to 30.06.2026, so as to enable him to harvest the fish and arrange the necessary funds.

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6. Having heard the learned counsel for the parties and on perusal of the material on record, this Court is of the considered view that the request made by the petitioner for deferment of the demand till 30.06.2026 appears to be just and reasonable in the facts and circumstances of the case. The nature of the activity undertaken by the petitioner, being fisheries, is inherently dependent on seasonal cycles, and the harvesting is stated to commence only towards the end of the lease year. If a

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5 - NC: 2026:KHC:23301 WP No. 13520 of 2026

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HC-KAR

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limited indulgence is granted, no serious prejudice would

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be caused to the respondent-State. On the contrary, denial of such relief would visit the petitioner with undue hardship.

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7. In that view of the matter, this Court deems it appropriate to grant limited relief to the petitioner by keeping the impugned demand in abeyance till 30.06.2026, subject to compliance within the extended time.

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ORDER

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(i) The writ petition stands

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disposed of.

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(ii) The demand notice issued by the respondents calling upon the petitioner to deposit the Earnest Money Deposit (EMD) for the year 2026-27 shall remain in abeyance till 30.06.2026.

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(iii) The petitioner shall deposit the said amount on or before 30.06.2026, failing which it is open to the respondents

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NC: 2026:KHC:23301 WP No. 13520 of 2026

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HC-KAR

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to proceed in accordance with law and in terms of the tender conditions.

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(iv) No order as to costs.

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