IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 19231 OF 2022 (GM-RES)

BETWEEN:

SRI GIRISH J

S/O SRI. JOTHAPPA,

R/AT HENNAGARA VILLAGE,

JIGANI HOBLI, ANEKAL TALUK BENGALURU DISTRICT 560105

…PETITIONER

(BY SRI. MANJUNATH K S., ADVOCATE)

AND:

1. DEPT. OF FISHERIES

THE STATE OF KARNATAKA ,

BY ITS PRINCIPAL SECRETARY,

VIDHANA SOUDHA,

DR. AMBEDKAR ROAD,

BENGALURU 560 001

2. THE DIRECTORATE OF FISHERIES

Digitally signed

by 3^rd FLOOR, PODIUM BLOCK,

PADMASHR EE

VISHWESHWARIAH CENTRER,

SHEKHAR

DR. B.R. AMBEDKAR ROAD,

DESAI

BENGALURU 560 001.

Location: High

Court Of

Karnatka 3. THE ASST. DIRECTOR OF FISHERIES

OPP. TO JMFC COURT, ATIBELE ROAD,

ANEKAL 562 105.

4. SRI. GANGAPARAMESHWARI

FISHERS CO-OPERTIVE SOCIETY LIMITED

A MEDAHALLI,(REGD.)

CD HOSAKOTE POST,

ANEKAL TALUK 562 107

BENGALURU URBAN DISTRICT BY ITS SECRETARY, NAME NOT KNOWN …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3, SRI. AMRUTH K.N., ADVOCATE FOR R4)

THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE IMPUGNED MEMORANDUM NO. DOF- TECHOALLI/118/2022, E-779625 DTD. 10.06.2022 (ANNX-A) ISSUED BY THE R-2 IS INVALID, CONTRARY TO LAW AND FACTS AND OPPOSED TO THE OBJECTIVES OF THE GOK GAZETTE NOTIFICATION NO.PSM/168/MEE/2017 DTD. 09.03.2018 (ANNX-B), HENCE LIABLE TO BE QUASHED AT THE HANDS OF THIS HONBLE COURT AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard the learned counsel appearing for the parties.

2. In this petition, the petitioner is assailing the impugned Memorandum dated 10.06.2022 (Annexure-A) issued by respondent No.2 and sought for writ of mandamus directing to respondent No.2, to consider the application made by the petitioner for grant of fishing rights relating to Hennagara lake, Anekla Taluk, Bengaluru district.

3. It is contented by the learned counsel appearing for the petitioner by referring to the Notification dated 10.06.2022 (Annexure F) and submitted that, the respondent-authorities have reserved the fishing rights only insofar as to the Co- operative Society by excluding the individual, which is contrary to the Notification issued by the Government, dated 09.03.2018 (Annexure – B). That apart, the respondent- authorities, based on the application made by the respondent No.4, have granted fishing rights in favour of the respondent No.4, as per the proceedings dated 07.10.2017 (Annexure H) for a period of 5 years, which is contrary to the relevant rules and same is without following the procedure contemplated in law as to conducting the auction in so far as the fishing rights of the Tanks are concerned and accordingly sought for interference of this court.

4. Per contra, learned counsel Sri.Mahanthesh Shettar, learned AGA appearing for respondents No.1 to 3 sought to justify the impugned Memorandum at Annexure-A and submitted that the relevant rules have been followed at the time of granting of fishing rights in favour of respondent No.4, during 2017 for a period of 5 years and as it is at the fag end of the auction period, therefore sought for dismissal of the petition.

5. Learned counsel appearing for the respondent No.4 sought to justify the impugned Memorandum at Annexure A.

6. Having taken note of the submission made by learned counsel appearing for the parties and on careful consideration of Annexure-B, the revised circular dated 09.03.2018 wherein the amendment has been made in so far as the fishing rights to the individual/association that, the same has to be conducted by open auction. It is also to be noted from the Notification dated 10.06.2022 (Annexure-F) wherein the respondent- Government has invited application from the fishing co- operative societies, excluding the individuals from participating in the auction proceedings.

7. In this regard, the petitioner has made an application dated 13.06.2022 (Annexure J) s