LAWS(KAR)-2016-4-65

SHEKHARAPPA Vs. GOVINDRAJ NAIK AND ORS.

Decided On April 07, 2016
SHEKHARAPPA Appellant
V/S
Govindraj Naik And Ors. Respondents

JUDGEMENT

(1.) Sri Ameet Kumar Deshpande, the learned counsel is directed to take notice for the respondent No. 13.

(2.) This appeal is directed against the learned Single Judge's order, dated 30.01.2015 passed in W.P. Nos. 103115 -103121/2013. The said writ petitions were filed by the respondent Nos. 1 to 7 seeking the writ of certiorari for quashing the office order, dated 03.09.2013 issued by the 13th respondent awarding the fishing rights to the appellant in Parapur Tank for five years from 01.09.2013 to 31.08.2018. The learned Single Judge quashed the impugned office order and issued certain directions on how the fishing rights are to be leased. Aggrieved by the said order this appeal is filed by the party, who was earlier given the lease of fishing rights by the Panchayat Development Officer.

(3.) Sri Sachin Mahajan, the learned counsel for the appellant submits that the water spread area of the tank in question is only 25 hectares as stated by the Panchayat Development Officer in para 2 of his statement of objections. He also read out para 4 of his statement of objections to advance the submission that wide publicity was given before leasing out the fishing rights. He submits that the appellant has invested huge sums of money by putting seedlings into the tank in question and that the equity demands that the appellant be permitted to harvest the fish for the agreed period of five years.