Fisheries Co-operative Society (Regd) vs Director of Fisheries and State of Karnataka

Mr. Justice B.S. Patil

Petitioner is a Fisheries Co-operative Society. This writ petition is filed seeking a writ of mandamus against the respondents to release the fingerlings/fish seeds in the K.R.S. Reservoir as per the scheme of the National Fisheries Development Board (for short ''NFDB) for a period of four years in compliance with the said scheme. A direction is also sought for extension of the leasehold fishing rights granted in favour of the petitioner.

In the light of the statement of objections filed by the 1st respondent, the controversy in this writ petition is considerably narrowed down. Therefore, it is unnecessary to consider the factual matrix pleaded in detail.

It is relevant to notice that by a Government order dated 20.04.2009, petitioner was granted leasehold fishing rights in K.R.S. Reservoir for a period of five years retrospectively with effect from 2008-09. One of the conditions incorporated in the Government Order was that the respondents had to leave the fingerlings/fish seeds in the reservoir for a period of four years by securing them from NFDB. As the respondents failed to secure the fingerlings/fish seeds under the NFDB scheme and perform its part of the contract, the petitioner has been forced to approach this Court seeking the aforementioned reliefs.

On service of notice to the lst respondent-Director of Fisheries, learned Government Pleader has filed statement of objections. In paragraph 6 of the statement of objections, it is stated as under:

It is true that the Petitioner Society has not been supplied advanced fish fingerlings for the last three years and this respondent-Department had submitted an action plan for the year 2011-12 wherein the NFDB has agreed to supply fish seeds for the year 2010-11 and also the subsequent three years i.e., totally 4 years from 2011-12. All efforts will be made to supply the fish fingerlings to the petitioner-Society as soon as NFDB supplies the fish seeds. Further, since the fish seeds are not supplied under NFDB from 2008-09 to 2010-11 as per the order issued to the Petitioner-Society, the Government may consider to extend the lease hold rights to the petitioner-Society for a further period of three years from 2013-14.

In view of the stand taken by the State Government contending that the NFDB has agreed to supply the fish seeds for four years from 2011-12. and all efforts would be made to supply the fingerlings as soon as NFDB supplied the fish seeds, In my view, this matter deserves to be disposed of recording the stand taken by the lst respondent and issuing appropriate directions in that regard. It is also necessary to notice here that the 1st respondent has further stated that the Government would consider extending the leasehold rights of the petitioner-Society for a period of three years from 2013-14. In my view, this fair stand taken by the 1st respondent addresses the grievance of the petitioner.

This writ petition is therefore disposed of directing the 1st respondent to secure the fingerlings from the NFDB as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this order. The 1st respondent is also directed to take steps in accordance with law to extend the leasehold rights of the petitioner-Society for a further period of three years from 2013-14 having regard to the delay on the part of the respondents in supplying the fingerlings/fish seeds. It is needless to observe that the. 1st respondent has to take necessary consequential steps for consideration of extension of the lease so as to make up the loss caused to the petitioner well before the expiry of the lease.