The authority must comply with statutory provisions when granting fishing rights, ensuring all applications meet the Fishing Policy requirements.

ORAL ORDER

This is the third round of litigation between the parties. The subject matter of the litigation is fishing rights pertaining to Mallasandra Tank, situated at Tumkur Taluk, Tumkur District. Earlier, when an order was passed on 20.12.2022 granting fishing rights to the petitioner herein, the 5^th respondent-Society filed W.P.No.26009/2022, contending that although the officers had recommended the case of the 5^th respondent-Society for the grant of fishing rights, nevertheless, at the instance of the concerned Minister, the fishing rights were granted to the petitioner herein. This Court accepted the contention of the 5^th respondent herein and quashed the order dated 20.12.2022 while remitting the matter back to the Director of Fisheries to pass appropriate orders in accordance with law strictly in terms of Clause-4 of the Fishing Policy. Pursuant to the directions issued by this Court, an order was issued on 10.03.2023 conferring the fishing rights in favour of the 5^th respondent.

2. The petitioner herein filed W.P.No.6655/2023 while contending that even as per the documents submitted by the 5^th respondent, it was clear that as on the date when the application was filed, no elections were held to the Managing Committee of the 5^th respondent- Society, and therefore, having regard to the relevant provisions contained in the fishing rights, the application filed by the 5^th respondent should have been rejected. This Court by order dated 20.11.2023 held that the reading of the conditions in the Fishing Policy makes it clear that the applications which did not accompany the documents substantiating the constitution of the Board, its meeting and election, was liable to be rejected. Accordingly, the writ petition was allowed and the order dated 10.03.2023 was set aside while once again remitting the matter back to the Director of Fisheries to pass appropriate orders within a period of four weeks from the date of receipt of a certified copy of the order. Thereafter, the impugned order was passed on 12.01.2024, once again granting fishing rights in favour of the 5^th respondent. Being aggrieved, the petitioner is before this Court.

3. Learned counsel for the petitioner submits that although there were specific directions issued by this Court on both occasions and specifically in WP.No.6655/2023 that the competent authority had not adverted to the specific issue which were raised in the earlier petition, and this Court set aside such an order while directing the Director of Fisheries to pass appropriate orders, having regard to the issue raised and directed to be considered by this Court, the authority has failed to apply its mind. Learned counsel draws the attention of this Court to the impugned order where it is noticed that the term of the previous Committee of the 5^th respondent had come to an end on 14.08.2021. It is also noticed that no elections were held and two representations were made to the competent authority on 27.01.2022 and 18.05.2022 requesting for appointment of an Administrator to take care of the affairs of the Society. Accordingly, on 30.5.2022, an Administrator was appointed to the 5^th respondent-Society. But applications seeking fishing rights were filed a day before the appointment of the Administrator, i.e., on 30.05.2022, by the Secretary of the 5^th respondent-Society. Learned counsel would therefore submit that despite all this finding, the fishing rights have been conferred on the 5^th respondent although it did not meet the requirements of the Fishing Policy, more particularly, Clause-4.

4. It is also submitted that insofar as the petitioner is concerned, a finding is recorded in the impugned order as was done on the previous occasion that there are no sufficient funds available in the bank account of the petitioner. Learned Counsel would therefore submit that the impugned order is not only contrary to the Fishing Policy, but also not in compliance of the directions issued by this Court. It is also submitte