KYASAPURA MEENUGARARA SEVA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner -Society is assailing the communication dated 08.10.2012 and the order dated 09.10.2012 impugned at Annexures -P and Q respectively. The petitioner is also seeking for issue of mandamus to the second respondent to consider the application of the petitioner for grant of fishing rights for the year 2012 -13 to 2016 -17 and direct the seventh respondent to issue NOC in favour of the petitioner pursuant to the application dated 15.06.2012 and grant fishing rights in favour of the petitioner.

(2.) THE petitioner is a Co -operative Society established with the objective to engage in fishing related activities for the benefit of its members who are stated to be fishermen residing in the area. At an earlier point, the petitioner was granted fishing rights in Kanva Reservoir for a period of five years. The same was extended for a further period of two years upto 2011 -12. It was extended once again upto 30.08.2012. The petitioner -Society extended its area of operation by resolution dated 28.09.2008 by including new areas of Ramanagara Taluk and Channapatna Taluk which extended to the villages viz., Yelehosahalli, Kannamangala, Angarahalli and Gollaradoddi. The amendment to the bye -law was registered and accepted by the order dated 31.12.2008.

(3.) THE respondent No.3 had issued a notification dated 02.07.2012 inviting applications for lease of fishing rights in respect of Kanva Reservoir. Though the petitioner had raised certain issues with regard to the same, they also filed an application. The fourth respondent -Society which is registered under the provisions of the Karnataka Societies Registration Act, with effect from 16.06.2011 had also filed application in response to the said notification. According to the petitioner -Society, despite they being eligible, the NOC was not issued due to the influence of the sixth respondent. The seventh respondent is alleged to have come under the influence and have not applied their mind, is the contention.