- 1 - HC-KAR NC: 2026:KHC:22458 WP No. 13100 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13100 OF 2026 (GM-RES) BETWEEN: SMT. SUVARNAMMA S. M. AGED ABOUT 50 YEARS W/O LATE RAJAPPA M. R/AT SIDDAPURA POLICE SIDDAPURA VILLAGE PANCHAYATH KASABA HOBLI, MADHUGIRI TALUK TUMKURU DISTRICT - 562 122. …PETITIONER (BY SRI MUSHTAQ AHMED, ADV.) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, VIDHANA SOUDHA BANGALORE - 560 001. 2. THE DIRECTOR FISHERIES DEPARTMENT 2ND FLOOR, PODIUM BLOCK VISHWESHWARAIAH TOWER DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 3. THE INCHARGE OFFICER FISHERIES DEPARTMENT GOWRI BIDANUR MAIN ROAD MADHUGIRI, TUMKURU DISTRICT - 572 132. …RESPONDENTS (BY SRI ADITYA DIWAKAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE TANK RENEWAL Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22458 WP No. 13100 of 2026 NOTICE DATED 01.04.2026 ISSUED BY THE R3 PRODUCED AS ANNX- A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER 1. The captioned petition is filed assailing the endorsement dated 01.04.2026 issued by respondent No.3. 2. Heard the learned counsel for the petitioner and the learned AGA for the respondents. 3. The facts leading to the filing of the present writ petition, in brief, are that the husband of the petitioner had participated in an e-tender process conducted by respondent No.3 for grant of fisheries rights in respect of a tank. It is the specific case of the petitioner that her husband emerged as the successful bidder by quoting a sum of Rs.5,05,000/- and, upon remittance of the said bid amount, the fisheries rights in respect of the subject tank came to be lawfully entrusted in his favour. While so, it is averred that the petitioner’s husband passed away on 03.09.2025. In the aftermath of his demise, the petitioner, being the widow and a Class-I legal heir, submitted an - 3 - HC-KAR NC: 2026:KHC:22458 WP No. 13100 of 2026 application before respondent No.3 seeking transfer of the fisheries rights in her favour. The records would indicate that the said request was duly considered and accepted by respondent No.3, and consequently, the fisheries rights stood transferred in the name of the petitioner. 4. The grievance of the petitioner in the present writ petition is directed against the Demand Notice issued by respondent No.3 calling upon the petitioner to deposit a sum of Rs.5,56,763/- towards Earnest Money Deposit (EMD) for the year 2026–2027. Calling in question the said demand, the petitioner has approached this Court inter alia contending that in view of the untimely demise of her husband and the prevailing adverse conditions, she is unable to effectively carry on fisheries activities. 5. This Court, on examination of the contractual framework governing the parties, finds that once a bidder participates in a tender process and is declared successful, culminating in execution or acceptance of contractual obligations, the terms and conditions of such contract attain binding force on both sides. It is a settled principle that contractual obligations - 4 - HC-KAR NC: 2026:KHC:22458 WP No. 13100 of 2026 cannot be lightly interfered with in exercise of writ jurisdiction, particularly when the terms are unequivocal and voluntarily accepted. 6. The principal contention urged by the petitioner is that due to acute shortage of rainfall in the District, the tank in question has substantially dried up, thereby rendering it impossible to carry on fisheries operations. It is contended that the supervening circumstances have drastically affected the petitioner’s ability to generate income from the fisheries rights and, therefore, the insistence on payment of the EMD amount would cause undue hardship. On these grounds, the petitioner seeks exemption from payment of the demanded amount. 7. This Court is not persuaded to accept the prayer for exemption. Granting such an exemption would have the effect of rewriting the terms of the contract and would directly result in financial loss to the State exchequer. The tender conditions, which are binding in nature, do not envisage waiver of such financial obligations on the grounds now urged. However, at the same time, this Court cannot lose sight of the peculiar facts and circumstances of the case, particularly the demise of the - 5 - HC-KAR NC: 2026:KHC:22458 WP No. 13100 of 2026 original bidder and the fact that the petitioner, a widow, is now stepping into his shoes and attempting to discharge the contractual obligations amidst adverse natural conditions. In order to balance the equities between the competing interests of the petitioner and the State, this Court is of the considered view that a limited indulgence in the form of extension of time would meet the ends of justice. 8. It is made clear that the indulgence shown by this Court is strictly confined to the peculiar facts of the present case, where the original contractor is no more and the petitioner, being his widow and Class-I legal heir, is continuing the contractual obligations under compelling circumstances. This order shall not be treated as a precedent to seek waiver or exemption of contractual liabilities in other cases. ORDER (i) The writ petition stands disposed of. (ii) The petitioner is granted an extension of four (4) weeks’ time from the date of receipt of a copy of this order to deposit the Earnest Money Deposit amount of - 6 - HC-KAR NC: 2026:KHC:22458 WP No. 13100 of 2026 Rs.5,56,763/- as demanded by respondent No.3 for the year 2026–2027. (iii) It is made clear that no further extension shall be granted and failure to comply within the stipulated time would entail consequences in accordance with the terms and conditions of the tender/contract. (iv) All contentions on merits are kept open, and the present indulgence shall not be construed as a waiver of contractual obligations. (v) No order as to costs. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DN List No.: 1 Sl No.: 27