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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF AUGUST, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.37821/2016 (GM-RES)

BETWEEN:

SRI. VENKATESH

AGED ABOUT 57 YEARS,

SON OF J. RAJEEV,

SRI RAJALAKSHMI,

SHETTY BETTU, JEPPU,

MANGALORE - 575 002

… PETITIONER

(BY SRI. P.P. HEGDE, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS

CHIEF SECRETARY, DEPARTMENT

P.W.D., PORTS AND INLAND

WATER TRANSPORT

VIDHANA SOUDHA

BANGALORE - 560 001

2.

THE DIRECTOR,

DEPARTMENT OF PORTS AND INLAND WATER TRANSPORT

BAITHKOL

KARWAR-581302

3.

THE PORT OFFICER, OLD PORT

MANGALORE - 575 001

4.

SRI NISSAR U.K.,

AGED ABOUT 27 YEARS,

SON OF U.M. BAVA,

OLD DOCK, NEW SOUTH

WARF, BUNDER

MANGALORE - 575 001

... RESPONDENTS

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(BY SRI. Y.D. HARSHA, AGA FOR R-1 TO 3.

SRI. K.N. PHANINDRA, SR. COUNSEL FOR

SRI. SACHIN B.S., ADVOCATE FOR R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER

DTD 06.02.2016 ISSUED BY R-1 ALLOTTING THE PORT LAND

MEASURING 700 SQUARE METERS SITUATED IN T.S.NO.49-2 OF

HOIGE BAZAR, MANGALURU ON LEASE FOR A PERIOD OF 10 YEARS IN

FAVOUR OF R-2 WHICH IS PRODUCED AT ANNX-AB AND ETC.,

THIS PETITION COMING ON FOR PRELIMINARY HEARING

THROUGH VIDEO CONFERENCING/ PHYSICAL HEARING (OPTIONAL),

THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

In the instant petition, petitioner has prayed for the

following reliefs:-

i) Issue a Writ of Certiorari, quashing the order dated

06.02.2016 issued by R-1 bearing No. ¯ÉÆÃE 243

¦J¸ï¦ 2015, allotting the port land measuring 700

square meters situated in T.S.No.49-2 of Hoige Bazar,

Mangaluru on lease for a period of 10 years in favour

of Respondent No.2, which is produced at Annexure

‘AB’;

ii) Issue a Writ of Mandamus, directing the Respondent

No.1 to allot land measuring 700 square meters situated

in T.S.No.49-2 of Hoige Bazar, Mangaluru on lease for

a period of 10 years in favour of the petitioner; and

iii) And grant such other and further reliefs as this Hon’ble

Court deems fit to grant under the circumstances of the

case, in the interest of justice.

2.

Petitioner proposed to establish Ice plant dealing in

manufacture of Ice used mainly for preserving sea species. In

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this regard, he had submitted an application to respondent No.3-

The Port Officer, Old Port, Mangaluru for grant of land to the

extent of 31 cents situated in T.S.No.49-2 of Hoige Bazar,

Mangaluru which is stated to be a vacant land as on 08.11.2010.

According to the petitioner, it is a suitable land for the purpose of

establishing Ice plant and also it would help the fishermen as it is

nearer to the port where large number of fishermen catch fish on

day to day basis. Despite several reminders, concerned

respondent Nos.1 to 3 have not taken any decision on the

petitioner’s grievance in respect of allotment of land. When

things stood thus, the Deputy Commissioner, D.K.Mangaluru

stated that subject land is encroached by the third party. The

petitioner enquired with the concerned respondents, whereby he

came to know that land was allotted in favour of respondent

No.4 vide order dated 06.02.2016. Thus, petitioner has

questioned the validity of illegal allotment of land in favour of

respondent No.4. On 10.08.2021, this Court directed respondent

No.2-The Director, Department of Ports and Inland Water

Transport, Karwar was directed to file a detailed affidavit

“Whether order dated 06.02.2016 (Annexure-AB) which is the

subject matter of the present petition was in pursuant advertised

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and auction procedure was followed or not?” Today, an affidavit

has been filed. Paragraph 6 of the affidavit dated 17.08.2021

reads as under:-

“6.

I

state

that

the

Government,

Prl.

Secretary to Govt., Public Works, Ports and Inland

Water transport Department has not taken any

paper publication nor invited Application through

noti