- 1 - HC-KAR NC: 2025:KHC:46188 WP No. 32570 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32570 OF 2025 (GM-PP) BETWEEN: VISHWAKIRAN CORPORATION, A PARTNERSHIP FIRM, OFFICE AT MAHAMYSORE BOAT BUILDING ENTERPRISES, PORT LAND, HOIGE BAZAR, MANGALURU, A PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER SRI. PADMANABHA KANCHAN, S/O JEENAPPA KARKERA AGED ABOUT 68 YEARS RESIDING AT 'SHRI KRIPA' NEAR JANATHA KENDRA, MARIGUDI CROSS ROAD, BOLAR, MANGALORE-575 001 …PETITIONER (BY SRI.MANU PRABHAKAR KULKARNI, ADVOCATE FOR SRI.RAKESH KINI, ADVOCATE) AND: 1. FISHERIES DEPARTMENT GOVERNMENT OF KARNATAKA REPRESENTED BY DEPUTY DIRECTOR OF FISHERIES, JUNIOR WAGES GRADE, FISHERIES HARBOUR MANGALURU-575 001 2. SRI HARISH KUMAR COMPETENT OFFICER AND ADDITIONAL DIRECTOR OF FISHERIES, FISHERIES HARBOUR, MALPE-576108 …RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA FOR R1 & R2) THIS WP IS FIELD UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE JUDGMENT DATED 07.08.2025, PASSED BY II ADDITIONAL DISTRICT AND Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46188 WP No. 32570 of 2025 SESSIONS JUDGE, D.K., MANGALURU, IN M.A. NO.21/2025, IN SO FAR AS CONFIRMING THE ORDER OF THE 2ND RESPONDENT, AS PER (ANNEXURE-A) AND GRANTING 3 MONTHS TIME TO VACATE THE SCHEDULE PREMISES FROM THE DATE OF THE ORDER AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. Issue writ of certiorari or a writ in the nature of certiorari, quashing the judgment dated 07.08.2025, passed by II Additional District and Sessions Judge, D.K., Mangaluru, in M.A. No.21/2025, in so far as confirming the order of the 2nd Respondent, as per (Annexure-A) and granting 3 months time to vacate the schedule premises from the date of the order. b. Issue writ of certiorari or a writ in the nature of certiorari, quashing the order passed by the 2nd respondent in Case/Proceedings No.02/2023-24 dated 04.02.2025, as per (Annexure-B). c. Pass such other/further orders as may be deemed necessary in the interests of justice and equity. 2. The affidavit of the partner of the petitioner Firm has been filed which reads as under: “I, Padmanabha Kanchan, S/o Jeenappa Karkera, aged about 68 years, residing at ‘Shri Kripa’, Near Janatha Kendra, Marigudi Cross Road, Bolar, Mangaluru- 575001, do hereby solemnly affirm on oath as follows: - 3 - HC-KAR NC: 2025:KHC:46188 WP No. 32570 of 2025 1. I state that I am the deponent and partner of the Petitioner firm in the above case and I am competent to depose to this Affidavit. I state that I am well aware of the facts of the case. 2. I state that I undertake to remove all temporary sheets/structures situated in the Schedule premises within two months from the date of Order passed by this Hon’ble Court. 3. I state that I undertake to remove all our personal belongings from the Schedule premises and vacate from the Schedule Premises within four months from the date of order passed by this Hon’ble Court. 4. I state that this is my true name and signature and what is stated hereinabove is true to the best of my knowledge and information. 3. In view of the said affidavit of undertaking which has been filed, I pass the following: ORDER i. The writ petition is partly allowed. ii. The time granted by the II Addl. District and Sessions Judge, D.K., Mangaluru in M.A. No.21/2025 is extended by a period of two months in respect of the temporary structures and four months in respect of the premises where ship building and plant and machinery are being stored. iii. Needless to say, the area where temporary structures have been constructed would have to be handed over by the petitioner by 11.01.2026 and the other areas would have to be handed over by - 4 - HC-KAR NC: 2025:KHC:46188 WP No. 32570 of 2025 11.03.2026. Once the area where the temporary structures have been put up is handed over to the respondents, the respondents would be free to implement the project, “Third stage of Fishery Harbour in D.K., Mangaluru”, without any hinderances from the petitioners. iv. It is made clear that no further extension would be granted to the petitioner. v. Liberty is however reserved to the petitioner to file application to allot any alternative land by following due procedure. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 15