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2025 DAILYLAW 22133 (KAR)

KYASAPURA MEENUGARARA SEVA SAHAKARA SANGHA NIYAMITHA v. THE STATE OF KARNATAKA

WP/11538/2020 · 2025-06-09

Suraj Govindaraj

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19455 WP No. 11538 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11538 OF 2020 (GM-RES) BETWEEN: KYASAPURA MEENUGARARA SEVA SAHAKARA SANGHA NIYAMITHA KYASAPURA, RAMANAGARAM TALUK, RAMANAGARAM DISTRICT-571 511 REP BY ITS SECRETARY. …PETITIONER (BY SRI. PRAKASH SHETTY S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, VIKASA SOUDHA, BENGALURU-560 001 REP BY ITS SECRETARY. 2. THE DIRECTOR OF FISHERIES DEPARTMENT OF FISHERIES, 3RD FLOOR, PODIUM BLOCK, V V TOWER, BENGALURU-560 001. 3. THE ASSISTANT DIRECTOR OF FISHERIES (GRADE-II) CHANNAPATNA TALUK, CHANNAPATNA, RAMANGARA DISTRICT-571 511. …RESPONDENTS (BY SRI. M. SRINIVAS KUMAR AGA FOR R1 & R2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19455 WP No. 11538 of 2020 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERNMENT ORDER DATED 19.12.2016 ISSUED BY THE R-1 AS PER ANNEXURE-J DECLARE THAT THE GOVERNMENT ORDER DATED 19.12.2016 ISSUED BY THE R-1 AS PER ANNEXURE-J IS ISSUED IN VIOLATION OF ARTICLE 14 OF THE CONSTITUTION OF INDIA AND IT IS ALSO AGAINST TO THE PROVISIONS OF THE KARNATAKA INLAND FISHERIES (CONSERVATION, DEVELOPMENT AND REGULATION) ACT, 1996. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs; "a) Issue a writ in the nature of certiorari or any other writ to quash the government order dated 19.12.2016 issued by the 1st respondents bearing No.Pa.San.Mee 201.E.E. 2015, as per Annexure-J. b) Declare that the Government order dated 19.12.2016 issued by the 1st respondent bearing No. No.Pa.San.Mee 201.E.E. 2015, as per annexure-J is issued in violation of article 14 of the Constitution of India and it is also against to the provisions of the Karnataka inland Fisheries (Conservation, Development and Regulation) act, 1996. c) Issue a writ of mandamus directing the 1st respondent to follow the general policy as provide under the government order dated 21.2.2014 issued by the 1st respondent bearing No.Pa.San.Mee 125 - 3 - HC-KAR NC: 2025:KHC:19455 WP No. 11538 of 2020 Mee.E.E. 2013, published in the Karnataka gazette dated 6.3.2014 as per annexure-b in related to the tanks, dams and other water resources covered in Ramanagar district". 2. A memo of retirement has been filed by the counsel for the petitioner. Subsequent thereto vide order dated 06.09.2021 this Court had directed to issue court notice to the petitioner. The said notice has been served on 13.09.2021. Despite there is no appearance made on behalf of the petitioner. 3. It appears that petitioner is not interested in prosecuting the matter. Hence, petition is dismissed for non -prosecution. SD/- (SURAJ GOVINDARAJ) JUDGE RU, List No.: 1 Sl No.: 15