Sri S Muruli vs The State Of Karnataka
2021 Latest Caselaw 4027 Kant

                             1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 12TH DAY OF NOVEMBER 2021
                         BEFORE
          THE HON'BLE MR.JUSTICE KRISHNA S.DIXIT
         WRIT PETITION No.20048 OF 2021 (GM-TEN)

BETWEEN:

SRI. S MURULI,
SON OF SUBRAMANI,
AGED ABOUT 40 YEARS,
RESIDENT OF 4TH CROSS,
5TH MAIN, IBBALURU,
BENGALURU - 560 102.
                                               .. PETITIONER
(By SRI. HARISH M.G., ADVOCATE)
AND:

1.     THE STATE OF KARNATAKA,
       REPRESENTED BY ITS CHIEF SECRETARY,
       DEPARTMENT OF FISHERIES,
       GOVT. OF KARNATAKA, VIDHANA SOUDHA,
       BANGALORE - 01.

2.     THE DEPUTY DIRECTOR,
       DEPARTMENT OF FISHERIES,
       BANGALORE DIVISION,
       6TH FLOOR, MAHAVEER COMPLEX,
       KEMPE GOWDA ROAD,
       OPP: MYSORE BANK, BENGALURU - 560 001.

3.     THE ASSISTANT DIRECTOR FOR FISHERIES,
       GRADE - II, BANGALORE SOUTH TALUK,
       BANGALORE - 560 009.

4.   THE ASSISTANT DIRECTOR FOR FISHERIES,
     GRADE - I, OPP: CENTURY CLUB,
     K.R.CIRCLE, BANGALORE - 560 001.
                                       ...RESPONDENTS
(BY SRI. VINOD KUMAR, AGA FOR R1)
                              2

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A
WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO
RENEW THE FISHING LEASE OF IBBLUR LAKE, BANGALORE
EAST TALUK IN FAVOUR OF THE PETITIONER ISSUED EARLIER
AS PER THE ORDER BEARING NO.ºUÀÄ¥À/99/2015-16
DATED 08/10/2015 PRODUCED AT ANNEXURE-'B', FOR A
PERIOD OF 5 YEARS STARTING FROM 2021-22 TO 2025-26 BY
ADJUSTING THE AMOUNT PAID RS.81,500/- ON 15/09/2015; b)
ISSUE A WRIT OF CERTIORARI TO QUASH THE TENDER CUM
AUCTION PUBLICATION VIDE BEARING NO.ºUÀÄ¥À1/2021-22
DATED 30.10.2021 ISSUED BY THE 3RD RESPONDENT FOR THE
FISHING RIGHTS SO FOR AS SL.NO.1 IBBALURU LAKE HAS
BEEN CONCERNED UNDER THE HEAD OF BENGALURU EAST
TALUK LAKES' FOR A PERIOD OF 5 YEARS FROM 2021-22 TO
2025-26 IS PRODUCED AT ANNEXURE 'G' AND ETC.,

    THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

The short grievance of the petitioner is as to non

consideration of his three representations, the latest of

them being dated 22.12.2020, wherein he has sought for

renewal of Fishing Licence in respect of the lake in

question.

2. Learned Additional Government Advocate on

request having accepted notice for the respondents

opposes the writ petition contending that whether lease

is to be renewed or not is a matter relating to private law

domain and the public law remedy like writ cannot be

sought for in cases of the kind; having so resisted the

writ petition, he agrees that he would instruct the

answering respondents to look into the representations of

the petitioner for renewal of the lease in a time bound

way and in accordance with law; this is fair enough.

In the above circumstances, this writ petition is

disposed off directing the 3rd respondent to consider

petitioner's subject representations in accordance with

law and within a period of two weeks from the date of a

copy of the judgment handed to them.

It is open to the petitioner to participate in the

ensuing public auction; the auction shall be subject to

outcome of the result of consideration of representations.

All contentions are kept open.

No costs.

Sd/-

JUDGE RR