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2025 DAILYLAW 56385 (KAR)

SRI ANNAYAPPA v. THE ADDL CHIEF SECRETARY

WP/21871/2025 · 2025-07-22

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27570 WP No. 21871 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 21871 OF 2025 (GM-TEN) BETWEEN: 1. SRI ANNAYAPPA S/O LATE YELLAPPA, AGED ABOUT 67 YEARS, R/AT KYALASANAHALLI VILLAGE JIGANI HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT PIN - 560 105. … PETITIONER (BY SRI. D.V.VENKATESH., ADVOCATE) AND: 1. THE ADDL CHIEF SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF FISHERY VIDHANASOUDHA, BENGALURU - 560 001. 2. THE DIRECTOR, DEPARTMENT OF FISHERY CUBBONPARK K R CIRCLE BENGALURU - 560 001. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27570 WP No. 21871 of 2025 3. THE ASSISTANT DIRECTOR DEPARTMENT OF FISHERY CUBBONPARK K R CIRCLE BENGALURU - 560 001. 4. THE ASSISTANT DIRECTOR DEPARTMENT OF FISHERY OPP. TO JMFC COURT, ATTIBELE ROAD, ANEKAL TALUK ANEKAL - 562 106. … RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE E- TENDER NOTIFICATION NO.HA.GU.PA/01/2025-26, DATED 2-7- 2025 VIDE ANNEXURE-A AND PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:27570 WP No. 21871 of 2025 ORAL ORDER The petitioner has sought for setting aside the e-tender notification dated 02.07.2025 at Annexure-'A'. 2. It is the case of the petitioner that the petitioner was a successful bidder as regards fishing rights for the period from 29.09.2022 to 30.06.2027 insofar as Kammasandra Lake, Kammasandra Village, Jigani Hobli, Anekal Taluk. It is submitted that till the period of lease of five years has spent itself, the question of issuing e-tender notification at Annexure-'A' as regards Kammasandra lake does not arise. 3. Learned Additional Government Advocate appearing for respondent State on instructions files a memo and submits that the auction that is to be held on 23.07.2025 is only with respect to Kudlur Chikkakere lake and have given up auction insofar as Kammasandra lake. 4. The memo is taken on record. It reads as follows:- - 4 - HC-KAR NC: 2025:KHC:27570 WP No. 21871 of 2025 "The undersigned counsel appearing on behalf of the respondent State craves leave of this Hon'ble Court to place the Notification of the Auction pertaining to Kudlur Chikkakere. Initially the lake in which the petitioners had right was included, but the same is deleted now and the copy is appended herewith in the interest of justice and equity." 5. In light of the memo filed, the petition is disposed off as not calling for adjudication. All contentions of both the sides are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR