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2025 DAILYLAW 21878 (KAR)

SRI KODI ANJANEYA SWAMY v. MEENU UTHPADAKARA HAAGU MARATAGARARA

RP/137/2025 · 2025-04-09

R Devdas

Review Petitionbody2025

Judgment text

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- 1 - NC: 2025:KHC:15241 RP No. 137 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS REVIEW PETITION NO. 137 OF 2025 BETWEEN: SRI KODI ANJANEYA SWAMY MEENUGARIKE MATTU MENUGARARA KSHEMABHIRUDDHI SAHAKARA SANGHA LTD., REP. BY ITS SECRETARY, SRI. NAWAZ, S/O SRI. MD. GOUSE, AGED ABOUT 30 YEARS, RESIDENT OF NAGAVALLI VILLAGE, TUMAKUR TALUK AND DISTRICT - 572 101 …PETITIONER (BY SRI. M.R. RAJAGOPAL, SR. COUNSEL A/W SRI. H. N. BASAVARAJU, ADVOCATE) AND: 1. MEENU UTHPADAKARA HAAGU MARATAGARARA ABHIVRUDHI SAHAKARA SANGHA LTD, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES REGISTRATION ACT, 1959, REP. BY ITS PRESIDENT, SRI. GOVINDARAJU, S/O LATE DODDANARASAIAH, AGED ABOUT 54 YEARS, RAAMANDIRA MUKHYA RASTHE, SRIRAMANAGAR, TUMAKUR DISTRICT - 572 101. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15241 RP No. 137 of 2025 2. THE STATE OF KARNATAKA DEPT. OF ANIMAL HUSBANDRY AND FISHERIES, VIDHANA SOUDHA, BENGALURU - 560 001, REP. BY ITS SECRETARY. 3. DIRECTORATE OF FISHERIES, REP. BY ITS DIRECTOR, 3RD FLOOR, PODIUM BLOCK, V.V TOWER, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 4. THE DEPUTY DIRECTOR OF FISHERIES, ZILLA PANCHAYATH, TUMAKUR DISTRICT, TUMAKURU - 572 101. 5. THE ASSISTANT DIRECTOR OF FISHERIES, TUMAKURU TALUK, AND DISTRICT - 572 101. …RESPONDENTS ****** THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SEC. 114 OF CPC, PRAYING TO REVIEW THE ORDER DATED 18.02.2025 PASSED IN WP NO.16045/2024 BY RECALLING THE SAID ORDER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS - 3 - NC: 2025:KHC:15241 RP No. 137 of 2025 ORAL ORDER 1. Learned Senior Counsel Sri M.R. Rajagopal, appearing for the review petitioner, who was respondent No.5 in the writ petition submits by filing a memo along with certain documents, that copy of the resolution dated 20.05.2022 passed by the Managing Committee of the Society has been placed along with the application seeking fishing rights. The same has been considered by the competent authority of the Fisheries Department. Learned Senior Counsel submits that there was no need for this Court to have remanded the matter back to the Director of Fisheries for the purpose of enabling the rival Societies to furnish all relevant information, more particularly, the information regarding the elections held to the Society, which is the requirement in terms of law and the Form prescribed for considering such application. 2. In the considered opinion of this Court, this is precisely the information that is sought to be permitted to - 4 - NC: 2025:KHC:15241 RP No. 137 of 2025 be placed before the Director of Fisheries in terms of paragraph No.16 of the order passed by this Court. If such information is placed by the petitioner, the same will be considered in terms of the directions issued by this Court. No error apparent on the face of the record is pointed out by the learned Senior Counsel appearing for the review petitioner. 3. Accordingly, the review petition stands rejected. 4. At this juncture learned Senior Counsel submits that petitioner has furnished all the documents within the time stipulated in the order passed by this Court. However, the Director of Fisheries has not passed any order till date and therefore, it is prayed that the period of four weeks granted by this Court may be further extended by another period of two weeks. 5. If the Director of Fisheries has not passed an order within a period of four weeks from the date when the documents are tendered by both the Societies, the - 5 - NC: 2025:KHC:15241 RP No. 137 of 2025 Director of Fisheries is directed to pass such an order as expeditiously as possible. Sd/- (R DEVDAS) JUDGE NG List No.: 1 Sl No.: 39 CT: BHK