- 1 - NC: 2025:KHC:9431 WP No. 18530 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 18530 OF 2024 (GM-TEN) BETWEEN: SRI MARUTHI MEENUGARARA SAHAKAR SANGHA BAGURU (NI) BY ITS PRESIDENT, (SRI K.G.VENKATESH S/O GOVINDAPPA) AGED ABOUT 42 YEARS, BAGURU MAIN ROAD, BAGURU VILLAGE AND POST, HOSADURGA TQ, CHITRADURGA DISTRICT – 577 515. (REGISTERED UNDER SEC. 8 OF KARNATAKA CO-OP. SOCIETY ACT) …PETITIONER (BY SRI R.A.DEVANAND, ADVOCATE FOR SRI. MARUTHI G B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF FISHERY, M.S. BUILDING, VIDHANA VEEDHI, BENGALURU – 1. 2. THE DIRECTOR OF FISHERY III FLOOR, VISHWESHWARIAH TOWERS DR. AMBEDKAR ROAD, BENGALURU – 1. Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - NC: 2025:KHC:9431 WP No. 18530 of 2024 3. THE DEPUTY-DIRECTOR OF FISHERIES (GRADE-2) AND DISTRICT NODAL OFFICER OF FISHERIES, JOGIMATTI ROAD, 4TH CROSS, PRASHANTHA NAGARA, DR. RAVINDRAN BUILDING, CHITRADURGA – 577 502. 4. THE ADDITIONAL DIRECTOR OF FISHERIES, T.B. CIRCLE, HOSADURGA, CHITRADURGA DISTRICT – 577 527. 5. SRI. R.N. CHANDRAPPA S/O LATE RAMAIAH, AGED ABOUT 68 YEARS, R/AT NEERAGUNDA VILLAGE, KASABA HOBALI, HOSADURGA THALUK, CHITRADURGA DISTRICT – 577 527. …RESPONDENTS (BY SRI SHAMANTH NAIK, HCGP FOR R1-R-4; SRI H.RAGHUKUMAR AND SRI OMKARA K.B., ADVOCATES FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) QUASH THE IMPUGNED CANCELATION ORDER DATED 04/07/2023 BEARING NO. HAGUPA.11.2023-24 PASSED BY THE R3, MARKED AT ANNEXURE-A; B) QUASH THE IMPUGNED ORDER DATED 08/09/2023 BEARING NO. DOF-TECHOALL/223/2023, E-1100709 PASSED BY THE R2, MARKED AT ANNEXURE-P. AND ETC., THIS PETITION, COMING ON FOR ORDERS HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9431 WP No. 18530 of 2024 CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioner is before this Court calling in question an order of cancellation of the contract awarded to the petitioner on 04-07-2023. 2. Heard Sri R A Devanand, learned counsel appearing for petitioner, Sri Shamanth Naik, learned High Court Government Pleader appearing for respondents 1 to 4 and learned counsel appearing for respondent No.5. 3. The petitioner is a registered Co-operative Society for carrying out fishing activities. A notice inviting tender from the eligible was ordered to be notified on 17-02-2023 for grant of fishing rights of the tanks in the respective jurisdictions. The petitioner Society participates in the tender and emerges as a successful bidder. On the petitioner being declared to be the successful bidder, the work order was not issued to the petitioner. The petitioner then approaches this Court in two writ petitions, both seeking a direction to award the contract in favour of the petitioner, one in W.P.No.19998 of 2023 which - 4 - NC: 2025:KHC:9431 WP No. 18530 of 2024 comes to be disposed on 18-1-2024 on the submission of the learned counsel for petitioner that the petition had been rendered infructuous by efflux of time. After the said order, another writ petition in W.P.No.22006 of 2023 was filed by the very petitioner. The writ petition comes to be disposed by the following order: “…. …. …. 4. Learned AGA on behalf of respondent Nos.1 to 4 has filed a memo along with three documents. In the said list of documents, documents sought to be produced is Government Order of Cancellation dated 04.07.2023 issued as against the petitioner. 5. After arguing the matter for sometime, learned counsel for the petitioner seeks permission to withdraw the petition with liberty to file a fresh / new petition urging various contentions including challenging the aforesaid Cancellation order dated 04.07.2023. 6. The said submission is placed on record. 7. Accordingly, without expressing any opinion on the merits / demerits of the rival contentions, petition stands disposed of as withdrawn. 8. Liberty is reserved in favour of the petitioner to take recourse to such remedies as available in law including challenging the State Government Order of Cancellation dated 04.07.2023. 9. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.” - 5 - NC: 2025:KHC:9431 WP No. 18530 of 2024 The petitioner withdrew the said writ petition as well, to pursue his remedy as available in law. All of these had emerged on account of the order passed by the coordinate bench in W.P.No.11230 of 2023 which was filed by one R.N.Dhandrappa, the present respondent No.5 who was holding the fishing rights, which was the subject matter of tender in which the petitioner had emerged the successful bidder. 4. In terms of the order passed by the coordinate Bench in W.P.No.11230 of 2023, the representation of the respondent No.5 herein was considered and extension up to June 2025 was granted to the 5th respondent. Therefore, the fishing rights has been extended to the 5th respondent up to 30-06-2025. What happens thereafter is what is now required to be considered. The petitioner is admittedly the successful bidder in terms of the tender so notified for the tank on 01-06-2023. The petitioner has not been able to fish or take advantage of him being the successful bidder, on account of the extension granted by the State in favour of the 5th respondent, which would also come to end in the month of June 2025. Therefore, the State is to be directed to award the contract in favour of - 6 - NC: 2025:KHC:9431 WP No. 18530 of 2024 the petitioner, as he has emerged the successful bidder in a tender, which is still in subsistence. 5. In that light, I deem it appropriate to dispose the petition, directing the State to award the tender/contract, in terms of the tender in which the petitioner has emerged successful bidder, after expiry of the term of the 5th respondent. Ordered accordingly. Pending applications if any, also stand disposed, as a consequence. Sd/- ______________________ JUSTICE M.NAGAPRASANNA BKP List No.: 1 Sl No.: 68