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2025 DAILYLAW 39342 (KAR)

MR RATHAN S NAYAK v. THE COMPETENT AUTHORITY AND ADDITIONAL DIRECTOR OF FISHERIES,

WP/29395/2025 · 2025-11-12

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:46028 WP No. 29395 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29395 OF 2025 (GM-PP) BETWEEN: MR. RATHAN S NAYAK, AGED ABOUT 35 YEARS, S/O. LATE SHAMSUNDAR NAYAK, R/AT. RAJ RATHAN HOUSE, TILA NAGAR, BOLUR KATTE, MANGALURU 575 003. …PETITIONER (BY MS. DEEPTHI SHETTY & SHWETHA NAYAK, ADVOCATES FOR SRI DHANANJAY KUMAR, ADVOCATE) AND: 1. THE COMPETENT AUTHORITY AND ADDITIONAL DIRECTOR OF FISHERIES, MALPE, UDUPI - 576 108. 2. THE FISHERIES DEPARTMENT, REP. BY ASST. DIRECTOR OF FISHERIES (JNR SCALE), BUNDER, MANGALURU - 575 001. …RESPONDENTS (BY SRI B RAVINDRANATH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28/06/2025 PASSED IN MA NO. 14/2025 ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU (ANNEXURE-A), CONFIRMING THE JUDGMENT AND DECREE DATED 04/02/2025 PASSED BY THE COMPETENT AUTHORITY AND ADDL. DIRECTOR OF FISHERIES, MALPE, UDUPI IN CASE NO. 11/2023-24 (ANNEXURE-A1) AND GRANT SUCH OTHER AND FURTHER RELIEF'S AS THIS HON'BLE COURT DEEMS FIT AN PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46028 WP No. 29395 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.1 and 2. 2. The petitioner is before this Court seeking for the following reliefs; "WHEREFORE, the Petitioner prays that this Hon'ble Court may be pleased to set aside the judgement & decree dated 28.06.2025 passed in M.A. No.14/2025 on the file of the II Addl. District & Sessions Judge, D.K., Mangaluru (ANNEXURE-A), confirming the judgement and decree dated 04.02.2025 passed by the Competent Authority & Additional Director Of Fisheries, Malpe, Udupi in Case No. 11/2023-24 (ANNEXURE-A-1) and grant such other and further relief's as this Hon'ble court deems fit and proper under the circumstances of this case, in the interest of justice and equity." 3. Learned AGA, on instructions, submits that the eviction of the petitioner has already been carried out and possession of the premises has been taken. 4. In that view of the matter, nothing survives for consideration in the present matter, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 11