Karnataka High Court
Jaganath S/O Maneppa vs The State Of Karnataka And Ors on 24 January, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC-K:952
WP No. 200494 of 2021
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.200494 OF 2021 (GM-RES)
BETWEEN:
JAGANATH S/O MANEPPA
AGE: 36 YEARS, OCC: FISH FARMING,
R/O 27 POTHANGAL, TQ: CHINCHOLI,
DIST: KALABURAGI-585 320.
...PETITIONER
(BY SRI. D.P.AMBEKAR., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF FISHERIES
VIKAS SOUDHA,
BENGALURU-560 001.
Digitally signed by
VARSHA N 2. THE DEPUTY COMMISSIONER,
RASALKAR
KALABURAGI-585 101.
Location: High
Court Of Karnataka
3. THE SENIOR ASSISTANT
DIRECTOR OF FISHERIES,
ZILLA PANCHAYAT
ALAND ROAD,
KALABURAGI-585 101.
4. THE ASSISTANT DIRECTOR (DIVISION-2)
CHINCHOLI, TQ: CHINCHOLI,
DIST: KALABURAGI-585 216.
...RESPONDENTS
(BY SRI.VEERANAGOWDA M.BIRADAR., AGA)
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NC: 2024:KHC-K:952
WP No. 200494 of 2021
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Sri.D.P.Ambekar., learned counsel for the petitioner and Sri.Veeranagowda M.Biradar., learned AGA for respondents have appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated:07.03.2020 passed by the Senior Assistant, Director of Fisheries vide Annexure-D.
3. The brief facts are these:
The petitioner is engaged in fish farming (Pisciculture) at Pothangal Village, in Chincholli Taluka, Kalaburagi District, since last five years. The petitioner has constructed ponds for the same in his own land as well as others lands after due permission. The said fish farm is situated about three kilometers away from Pothangal Village. The petitioner has got -3- NC: 2024:KHC-K:952 WP No. 200494 of 2021 tested the soil and has examined the matter before starting the fish farm.
The Assistant Director (Division-2), Chincholli vide letter dated 12.01.2017 permitted the petitioner to raise four varieties of fish namely Catla, Rohu, Mrugal and Common Carp in his fish farm. It is said that the chicken waste is being fed to the fish being farmed by the petitioner. It is also said that the petitioner has taken all care to see that the procurement and feeding of chicken waste to the fish being farmed by him is done in a hygienic and non-polluting manner. It is stated that the said chicken waste is transported at night to the fish farm. The same is not at all being allowed to pollute either the land, air or water. The chicken waste is fully consumed by the fish and nothing is left after the same is fed to the fish. It is also stated that the neighboring land owners have also no complaints regarding the same. The Pollution Control Board has also no grievance with the said chicken waste being fed to the farmed fish. It is on the request of the petitioner, the neighboring land owners have also given a sworn affidavit to that effect.-4-
NC: 2024:KHC-K:952 WP No. 200494 of 2021 As things stood thus, the third respondent issued a reminder notice to the petitioner directing him not to raise prohibited breed of fish and not to feed them prohibited food as directed by the National Green Tribunal. It is this reminder notice that is called into question in this Writ Petition on several grounds as set out in the Memorandum of Writ Petition.
4. Learned counsel for the petitioner and the respondents have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.
5. The point that requires consideration is whether the action of the third respondent is just and proper.
6. The facts are sufficiently stated and do not require reiteration. It is not in dispute that the petitioner was permitted to raise four varieties of fish back in the year 2017 i.e., on 12.01.2017. Accordingly, the petitioner has taken proper care and precaution that the fish is being farmed in a hygienic and non-polluting manner.
Suffice it to note that the fish being omnivorous are fed boiled eggs, rice husks, pellets and chicken waste. The chicken -5- NC: 2024:KHC-K:952 WP No. 200494 of 2021 waste is procured from the Kalaburagi city and other places and the same is put in a small machine maintained at the fish farm which presses/squeezes and dries the chicken waste and turns them into dry shreds so that the same can be fed to the fish. In fact, the report of the University of Fisheries shows that chicken waste fed fish have higher nutritional value than the fish which are fed ordinary feed. It appears that the third respondent taking note of the order passed by the National Green Tribunal has issued a reminder notice to the petitioner not to raise the prohibited breed of fish and not to feed them the prohibited food.
The reminder notice is furnished in the Writ Petition and the same is marked as Annexure-D. A perusal of the same depicts that the Senior Assistant, Director of Fisheries, Zilla Panchayat, Kalaburagi appears to have made a spot inspection on 06.03.2020 and has alleged that the petitioner has committed certain illegalities. There is nothing on record to show that the petitioner has committed any illegality and he is raising prohibited breed of fish and he is feeding prohibited food to them. The reasons assigned in the reminder notice are untenable. It is not in dispute that the petitioner is permitted to -6- NC: 2024:KHC-K:952 WP No. 200494 of 2021 raise the fish in his own land and he is feeding chicken waste to the fish. As already noted above, the chicken waste is proper food and the same is fed to the fish in more hygienic and non- polluting manner. If that be so, the third respondent is not justified in making allegation against the petitioner and issuing a reminder notice.
For the reasons stated above, the reminder notice issued by the third respondent is liable to be quashed. Accordingly, it is quashed.
7. The Writ of Certiorari is ordered. The reminder notice dated 07.03.2020 issued by the third respondent in ¸ÀASÉå:«Ä»¸À¤PÀ/J£ïfn/2018-19/384 vide Annexure-D is quashed.
8. Resultantly, the Writ Petition is allowed.
Sd/-
JUDGE VNR List No.: 1 Sl No.: 21