Bombay High Court
Shri. Gajanan Pandurang Maku vs State Of Maharashtra Through ... on 18 January, 2021
Bench: K.K. Tated, R. I. Chagla
19-WP-1313-19.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1313 OF 2019
Shri. Gajanan Pandurang Maku ...Petitioner
Versus
State of Maharashtra & Ors. ...Respondents
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Mr. K.S. Dewal a/w J.M. Joshi, for the Petitioner.
Mr. V.S. Gokhale, 'B' Panel Counsel for the Respondent-State.
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CORAM : K.K. TATED &
R.I. CHAGLA, JJ.
DATE : 18 January 2021
ORDER :
1. Heard the learned Counsel for the parties.
2. By this Petition filed under Article 226 of the
Sharayu Constitution of India, the Petitioner is challenging the judgment and
P. Khot
Digitally signed
order dated 10th July 2018 passed by the Commissioner of Fisheries
by Sharayu P.
Khot
Date:
in Appeal No. 50 of 2017 by which the licence of the Petitioner's
2021.01.21
12:57:28
+0530
fishing boat was cancelled.
19-WP-1313-19.doc
3. The said Appeal was filed against the judgment and
order dated 15th February 2018 passed by the Licensing Officer
under Section 8(1)(b) of the Maharashtra Marine Fisheries
Regulation Act, 1981, by which the licence of the Petitioner in respect
of the said boat was suspended for using the LED lights for the
purpose of fishing.
4. Learned Counsel for the Petitioner submits that in the
present proceedings the Respondent No. 3 carried out inspection of
the Petitioner's boat on 10th January 2018 and came to the
conclusion that the Petitioner was using LED lights. Learned Counsel
for the Petitioner further submits that prohibition to use of the LED
lights was imposed by the State of Maharashtra by Notification dated
27th April 2018 which reads thus:-
"Now, therefore in exercise of the powers
conferred by sub-section (1) of section 4 of the
Maharashtra Marine Fishing Regulating Act, 1981 (Mah.
LIV of 1981), the Government of Maharashtra, having
regard to the matters referred to in clauses (a), (b), and (c)
of sub-section (2) of said section 4, and after consultation
with the Advisory Committees constituted under section 8
19-WP-1313-19.doc
of the Maharashtra Marine Fishing Regulating Act, 1981,
hereby prohibit,-
(i) the use or installation or operation of surface
or submerged artificial lights / LED lights, fish light
attractors or any other light equipment with or without
generators, on Mechanized fishing vessel or motorized
fishing craft, for trawling or purse seining or gill netting or
dol netting operation in the territorial waters (12 nautical
miles) of State of Maharashtra ;
(ii) the fishing in the territorial waters (12
nautical miles) of State of Maharashtra by bull or Pair
trawling ;
The order will be binding on all fishing vessels
and their supporting, supply and auxiliary vessels operating
in territorial waters (12 nautical miles) of State of
Maharashtra."
5. The learned Counsel for Petitioner submits that on the
date of inspection, the Notification dated 27th April 2018 was not in
force. Therefore, there is no question of suspending and/or
cancelling the Petitioner's licence.
6. Learned GP appearing on behalf of the Respondent-State
submits that he require some time to take instructions and file
19-WP-1313-19.doc
Affidavit in Reply. Hence, we pass the following order:-
(i) Respondent to file their Affidavit in Reply on or before 30st
January 2021 with copy to other side.
(ii) Affidavit in Rejoinder, if any, to be filed on or before 3rd
February 2021 with copy to other side.
(iii) Matter to appear on board on 8th February 2021.
[R.I. CHAGLA J.] [K.K. TATED, J.]
