- 1 - HC-KAR NC: 2025:KHC:50920 WP No. 19231 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 19231 OF 2022 (GM-RES) BETWEEN: SRI GIRISH J S/O SRI. JOTHAPPA, R/AT HENNAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK BENGALURU DISTRICT 560105 …PETITIONER (BY SRI. MANJUNATH K S., ADVOCATE) AND: 1. DEPT. OF FISHERIES THE STATE OF KARNATAKA , BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU 560 001 2. THE DIRECTORATE OF FISHERIES 3rd FLOOR, PODIUM BLOCK, VISHWESHWARIAH CENTRER, DR. B.R. AMBEDKAR ROAD, BENGALURU 560 001. 3. THE ASST. DIRECTOR OF FISHERIES OPP. TO JMFC COURT, ATIBELE ROAD, ANEKAL 562 105. 4. SRI. GANGAPARAMESHWARI FISHERS CO-OPERTIVE SOCIETY LIMITED A MEDAHALLI,(REGD.) CD HOSAKOTE POST, ANEKAL TALUK 562 107 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:50920 WP No. 19231 of 2022 BENGALURU URBAN DISTRICT BY ITS SECRETARY, NAME NOT KNOWN …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3, SRI. AMRUTH K.N., ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE IMPUGNED MEMORANDUM NO. DOF- TECHOALLI/118/2022, E-779625 DTD. 10.06.2022 (ANNX-A) ISSUED BY THE R-2 IS INVALID, CONTRARY TO LAW AND FACTS AND OPPOSED TO THE OBJECTIVES OF THE GOK GAZETTE NOTIFICATION NO.PSM/168/MEE/2017 DTD. 09.03.2018 (ANNX-B), HENCE LIABLE TO BE QUASHED AT THE HANDS OF THIS HONBLE COURT AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this petition, the petitioner is assailing the impugned Memorandum dated 10.06.2022 (Annexure-A) issued by respondent No.2 and sought for writ of mandamus directing to respondent No.2, to consider the application made by the petitioner for grant of fishing rights relating to Hennagara lake, Anekla Taluk, Bengaluru district. - 3 - HC-KAR NC: 2025:KHC:50920 WP No. 19231 of 2022 3. It is contented by the learned counsel appearing for the petitioner by referring to the Notification dated 10.06.2022 (Annexure F) and submitted that, the respondent-authorities have reserved the fishing rights only insofar as to the Co- operative Society by excluding the individual, which is contrary to the Notification issued by the Government, dated 09.03.2018 (Annexure – B). That apart, the respondent- authorities, based on the application made by the respondent No.4, have granted fishing rights in favour of the respondent No.4, as per the proceedings dated 07.10.2017 (Annexure H) for a period of 5 years, which is contrary to the relevant rules and same is without following the procedure contemplated in law as to conducting the auction in so far as the fishing rights of the Tanks are concerned and accordingly sought for interference of this court. 4. Per contra, learned counsel Sri.Mahanthesh Shettar, learned AGA appearing for respondents No.1 to 3 sought to justify the impugned Memorandum at Annexure-A and submitted that the relevant rules have been followed at the time of granting of fishing rights in favour of respondent No.4, during 2017 for a period of 5 years and as it is at the fag end of - 4 - HC-KAR NC: 2025:KHC:50920 WP No. 19231 of 2022 the auction period, therefore sought for dismissal of the petition. 5. Learned counsel appearing for the respondent No.4 sought to justify the impugned Memorandum at Annexure A. 6. Having taken note of the submission made by learned counsel appearing for the parties and on careful consideration of Annexure-B, the revised circular dated 09.03.2018 wherein the amendment has been made in so far as the fishing rights to the individual/association that, the same has to be conducted by open auction. It is also to be noted from the Notification dated 10.06.2022 (Annexure-F) wherein the respondent- Government has invited application from the fishing co- operative societies, excluding the individuals from participating in the auction proceedings. 7. In this regard, the petitioner has made an application dated 13.06.2022 (Annexure J) seeking appropriate orders with regard to the circulars issued by the Government. 8. On careful consideration of the said aspect, it would indicate that it is the duty of the respondents No.2 and 3 to follow the relevant rules at the time of conferring fishing rights - 5 - HC-KAR NC: 2025:KHC:50920 WP No. 19231 of 2022 in favour of the individuals/societies as per the relevant circulars, as on the date of the issuance of the Notification, calling for the auction in respect of fishing rights. 9. In that view of the matter, as the auction made in favour of the respondent No.4, is as per the Memorandum dated 10.06.2022 for a period of 5 years and therefore at the fag end of the said Notification, though irregular without following the relevant rules, the petitioner be allowed to participate in the next season of fishing rights auction to be conducted by the respondent No.2 authorities as per the prevailing circulars, to meet the ends of justice. With this observation, the writ petition is accordingly disposed of. Sd/- (E.S.INDIRESH) JUDGE AKV List No.: 1 Sl No.: 28