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2026 DAILYLAW 12232 (KAR)

SRI A GANESH v. STATE OF KARNATAKA

WP/21855/2022 · 2026-04-09

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19883 WP No. 21855 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 21855 OF 2022 (GM-RES) BETWEEN: SRI. A GANESH, S/O ANJANAPPA, AGED ABOUT 45 YEARS, NO.23, BIDALUR VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. …PETITIONER (BY SRI. JAGADEESHACHARI.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, PANCHAYATHRAJ DEPARTMENT, M S BUILDING, BANGALORE-560 001. Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19883 WP No. 21855 of 2022 2. THE PANCHAYATH DEVELOPMENT OFFICER, GRAMA PANCHAYATH, BIDALUR VILLAGE, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. …RESPONDENTS (BY SRI.MAHANTESH SHETTAR.,AGA FOR R1; SRI.BHASKAR GOWDA N M., ADVOCATE FOR MS. GEETHA C J., ADVOCATE FOR R2) THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE RESPONDENTS TO CONSIDER THE ANNEXURE-F DTD.19.10.2022 BY WAY OF WRIT OF MANDAMUS CALL FOR THE RECORDS FROM THE RESPONDENTS AS PER ANNEXURE- A DTD.8.8.2022 TENDER NOTIFICATION OF PUBLIC AUCTION OF FILLING AND QUASH THE SAME BY WAY OF WRIT OF CERTIORARI. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC:19883 WP No. 21855 of 2022 ORAL ORDER The present writ petition is filed seeking the following prayer: “Wherefore, the petitioner prays that this Hon’ble Court may be pleased to: i) Issue directions to the respondents to consider the Annexure-F dated 19.10.2022 by way of Writ of Mandamus; ii) To call for the records from the respondents as per Annexure-A dated 08.08.2022 and quash the same by way of writ of certiorari; iii) To pass any such other order or orders, as this Hon’ble Court deems fit under the facts and circumstances of the case, including the award of costs, in the interests of justice and equity.” 2. It is the case of the petitioner that the petitioner is an agriculturalist. The second respondent has invited tenders under auction notification for fishing. Petitioner has participated in the auction and deposited an amount of Rs.4,77,500/-. As per the tender notification, within seven days from the date of finalising the tender, the proceedings will be issued for grant of fishing right. It is his case that till today it is not issued. In this regard, he has made a representation to second respondent on - 4 - HC-KAR NC: 2026:KHC:19883 WP No. 21855 of 2022 19.10.2022, the same was not considered. Aggrieved thereby, the petitioner has come before this court. 3. A Co-ordinate bench of this court on 15.12.2022 has granted an interim order of stay of operation of all further proceedings pursuant to Annexure-A till the next date of hearing and that interim order has been extended from time to time. 4. Learned counsel for the petitioner submits that as the petitioner is the highest bidder, having taken amount from the petitioner, respondents have not issued the work order, and it which compelled the petitioner to come before the court. 5. Learned counsel appearing for the second respondent submits that the petitioner having taken an interim order and he is doing the fishing in the night. Having obtained stay and without paying any amount for further years, he is enjoying the fishing rights. 6. Having heard the learned counsels on either side, perused the material on record. Petitioner seeking a writ of mandamus directing the respondents to consider his request - 5 - HC-KAR NC: 2026:KHC:19883 WP No. 21855 of 2022 dated 19.10.2022. Without going into the merits of the matter this court deems it appropriate to pass following: ORDER i. Accordingly, the writ petition is disposed of directing respondent No.2 to consider the representation of the petitioner dated 19.10.2022 in accordance with law ii. If the petitioner has done anything in violation of the rules, it is for the respondent to take action in accordance with law and shall pass appropriate orders within 4 weeks from the date of receipt of copy of the order. iii. All pending I.As., in the writ petitions shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE PKN List No.: 1 Sl No.: 50