MEENUGAARARA SAHAKARA SANGHA NIYAMITHA, MALLAGHATTA, TURUVEKERE TALUK, TUMKUR DISTRICT Vs. GOVERNMENT OF KARNATAKA, DEPARTMENT OF ANIMAL HUSBANDRY AND FISHERIES, BENGALURU AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 29-2-2016 at Annexure-Q to the petition. The petitioner is also seeking issue of mandamus to direct respondents 2 and 5 to renew the licence of the petitioner with immediate effect.

(2.) The petitioner is a Society registered under the Societies Act constituted for the benefit of the fishing community in and around the Gram Panchayat area of Mallaghatta. The Government through the notification dated 21-2-2014 had brought all the internal water resources under the fishing policy for such activities to be carried out. Mallaghatta Tank being one such Tank, the process was held for granting the fishing lease. The period for which the fishing lease was proposed is from 1-7-2014 to 30-6-2019. In the said process, the petitioner being successful tenderer, the fishing right had been granted in favour of the petitioner. While the petitioner is stated to have invested amounts and having purchased the fishings and is rearing the same, respondent 2 through the order dated 29-2-2016 has cancelled the fishing lease which had been granted in favour of the petitioner. It is in that light, the petitioner is before this Court assailing the same and alleging that the action is not only contrary to law, but is also a mala fide action taken at the instance of certain persons who are inimical to the activities of the petitioner.

(3.) The proposed respondents viz., the applicants in I.A. No. 2 of 2016 who are stated to be the fishermen in the area have filed their objection statement and have opposed the instant petition. As per the objection statement filed, it is contended that the activities of the petitioner has led to polluting the water in Mallaghatta Tank which is used for drinking purpose and as such, since the Karnataka Pollution Board has indicated that the quality of the water has deteriorated, the action taken is justified.