- 1 - NC: 2025:KHC-D:2163 WP No. 100723 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO 100723 OF 2025 (LB-RES) BETWEEN: SHANMUKAPPA S/O. SATHYAMMA, AGE: 56 YEARS, OCC: FISHING, R/O: 106, TIPPANAMARADI, KALINGERI POST, TQ: SANDUR, DIST: BALLARI, …PETITIONER (BY SRI PRASHANT MATHAPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY PRINCIPAL SECRETARY, DEPARTMENT FISHERIES AND ANIMAL HUSBANDRY, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE CHIEF SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2163 WP No. 100723 of 2025 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, SANDUR – 583 119, TQ: DIST: BALLARI. 4. THE EXECUTIVE OFFICER, TALUK PANCHAYAT, SANDUR – 583 119, TQ: SANDUR, DIST: BALLARI. 5. THE PANCHAYAT DEVELOPMENT OFFICER, KALLINGERI GRAM PANCHAYAT, KALLINGERI POST – 583 128, TQ: SANDUR, DIST: BALLARI. …RESPONDENTS (BY SRI V.S.KALASURMATH, AGA FOR R1, R2; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R3 – R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING CHIEF SECRETARY, DEPT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT/RESPONDENT NO.2 DATED 28.01.2025 AND EXECUTIVE OFFICER, SANDUR/RESPONDENT NO.4 DATED 27.01.2025 AND GRAM PANCHAYAT, KALINGERI/ RESPONDENT NO.5 DATED 28.01.2025 TO CONSIDER THE PETITIONER S REPRESENTATION AT VIDE ANNEXURE-C, D AND E RESPECTIVELY AND EXTEND THE TENDER PERIOD FOR FISHING IN THE TIPPANAMARADI POND FOR ONE MORE YEAR, I.E., FROM 2024-25 TO 2025-26, IN LINE WITH THE GOVERNMENT S DECISION TO EXTEND THE TENDER PERIOD FOR OTHER WATER BODIES IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - NC: 2025:KHC-D:2163 WP No. 100723 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of mandamus or any other appropriate writ, order or direction directing Chief Secretary, Dept of Panchayat Raj and Rural Development/Respondent no.2 dated 28.01.2025 and executive officer, Sandur/Respondent no.4 dated 27.01.2025 and Gram Panchayat, Kalingeri/Respondent No.5 dated 28.01.2025 to consider the petitioner s representation at vide Annexure-C, D and E respectively and extend the tender period for fishing in the Tippanamaradi pond for one more year, i.e., from 2024-25 to 2025-26, in line with the Government’s decision to extend the tender period for other water bodies in the interest of justice and equity. b) Issue any other Writ or order which deems fit to this Hon’ble Court in the interest of justice and equity. 2. The grievance of the petitioner is that, the representations submitted by the petitioner at Annexures C, D, and E, have not been considered by the respondents in accordance with the Government Order dated 23.07.2024 at Annexure-B. - 4 - NC: 2025:KHC-D:2163 WP No. 100723 of 2025 3. The submission of the learned AGA is that, any representation ought to have been submitted to the Deputy Commissioner, instead it has been submitted to the Secretary, Department of Rural Development and Panchayat Raj, which is not permissible. 4. Having heard the counsels it is seen that it is for respondents No.3 to 5 to consider the representation, since they are the proper authorities. 5. In that view of the matter, I pass the following: ORDER i. The petition is partly allowed. ii. Respondents No.3 to 5 are directed to consider the representation in terms of the Government Order dated 23.07.2024 at Annexure-B, within 15 days from date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/CT-ASC List No.: 1 Sl No.: 36