- 1 - HC-KAR NC: 2025:KHC-D:12716 WP No. 101930 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO. 101930 OF 2023 (GM-TEN) BETWEEN: SRI. MANILAL CHALSANI S/O PATTABHIRAMAIAH, AGE. 45 YEARS, OCC. BUSINESS, R/AT MOHAMAD NAGAR, BANDI HARLAPUR POST, TQ. AND DIST. KOPPAL. …PETITIONER (BY SMT. DEEPA PAVAN DODDATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, DEPARTMENT OF FISHERIES, M.S. BUILDING, BENGALURU 01. 2. THE DIRECTORATE OF FISHERIES, 3RD FLOOR, PODIUM BLOCK, VISHWESHWARAYYA TOWERS, DR. B.R. AMBEDKAR ROAD, BENGALURU 01, R/BY ITS DIRECTOR. 3. THE SENIOR ASSISTANT DIRECTOR OF FISHERIES, DIST ADMINISTRATION BUILDING, KOPPAL. 4. THE DEPUTY DIRECTOR OF FISHERIES, BALLARI. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 TO R3 & R5; SRI. PRASHANT F. GOUDAR AND SMT. SHEETAL V. KILLEKAR, ADVOCATES FOR C/R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND QUASH THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT BEARING NO.HAGUPA/15/2022-23 DATED 10.05.2022 INSOFAR IT RELATES TO SHIVAPUR VILLAGE IS CONRENED COPY AS PER ANNEXURE-L AND ALLOW THE WRIT PETITION AND ETC. Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12716 WP No. 101930 of 2023 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed seeking for setting aside the award passed by the Joint Director of Fisheries, Ballari at Annexure-A, and certain other reliefs have also been sought for. 2. Brief facts are that the petitioner is stated to be the successful bidder of tender relating to fishing rights in Shivapura reservoir of Tungabadra Dam for the period 2015 to 2022 and right for cage culture from 2017 to 2027 in the said reservoir. 3. There is no representation on behalf of the petitioner when the matter is called. 4. The grievance of the petitioner is as contained in ground No.16, as regards awarding of tender without noticing that the radius of operation insofar as award of tender to respondent No.4/Society, as the petitioner is already the recipient of tender to operate fishing rights within 10 kms from - 3 - HC-KAR NC: 2025:KHC-D:12716 WP No. 101930 of 2023 its office at Kerehalli. This appears to be the primary ground raised. 5. It must be noticed that insofar as round of litigation between the petitioner and the State in WP No.101923/2022, precise contention regarding overlap of area reserved to the petitioner by floating the subsequent tender was considered and this Court while disposing off the petition has taken note of the stand of the State, wherein the State had specifically stated by filing a memo that the tender notification would be in respect of area other than granted to the petitioner, in the said writ petition. In the memo filed, it was stated that the State would address the grievance of the petitioner. Taking note of such stand by the State, the petition was disposed off. 6. The petitioner once again has filed the present petition. The memo along with an affidavit is filed by the Secretary, Tungabadra Fishers’ Co-operative Society, Koppal, i.e. respondent No.4 in the present petition. Paragraphs-3 and 4 of the affidavit reads as under: “This Hon’ble Court on 2.12.2022 disposed off the said writ petition based on the memo filed by AGA on 2.12.2022 stating that the tender awarded in favour of the petitioner in respect of ten years fishing rights for cage culture is only 0.25 Hector area of Shivapur reservoir. - 4 - HC-KAR NC: 2025:KHC-D:12716 WP No. 101930 of 2023 Further, the memo states that, the tender notification for fishing rights for 5 years in 125 hectors water spread are of the same reservoir to fisherman Co-operative Society (i.e. in favour of us) will not affect the petitioner’s rights for Cage Culture. There are 2 different tenders with the rights clearly demarcated. There is no overlapping of tender rights in the two tenders. The calling for tenders is in pursuant to a Government leasing policy No.PaSamMi 125 MiEE 2013 dated 21.2.2014. 4. I state that we are aware of the extent of right which petitioner has with respect to area of fishing rights for cage culture which is only 0.25 Hector area of Shivapur reservoir. Therefore, we undertake not to disturb/violate the petitioner’s right with respect to fishing area.” 7. In light of specific stand that two tenders relating to the petitioner and that of respondent No.4 have no overlap and also taking note of specific undertaking of respondent No.4 not to disturb/violate the petitioner’s right with respect to fishing area, the present petition is disposed off, while observing that the other contentions do not call for any adjudication. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (S.SUNIL DUTT YADAV) JUDGE JTR, CT:VP LIST NO.: 1 SL NO.: 12