Karnataka High Court
Davanagere Fisheries Amrith Farmer ... vs The State Of Karnataka on 19 January, 2026
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY 2026
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 17630/2025 (GM-RES)
C/W
WRIT PETITION NO.16954/2025 (GM-RES)
WRIT PETITION NO.17638/2025 (GM-RES)
IN W.P.No. 17630/2025
BETWEEN :
1. SRI GANGAPARAMESHWARI
MEENUGAARARA SAHAKARA SANGHA LTD
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959
SANTESHIVARA, NUGGEHALLI HOBLI,
CHANNARAYAPATTANA TALUK,
HASSAN DISTRICT-573131
REPRESENTED BY ITS
PRESIDENT SRI. S N MOHAN.
2. PARISHISHTA JAATI CHALAVAADI
MEENUGARARA SAHAKARA SANGHA LTD.
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959
KARADAALU VILLAGE,
KIBBANAHALLI HOBLI,
NILLIKERE POST, TIPTUR TALUK,
2
TUMKUR DISTRICT-572101
REPRESENTED BY ITS SECRETARY
SRI. CHANDRASHEKARAIAH K D.
3. SRI DURGA DEVI PARISHISHTA JAATI
MATTU PARISHISHTA PANGADADA MAHILA
MEENUGAARARA SAHAKARA SANGHA LTD.,
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959
HAVING OFFICE AT KASAVAPURA,
SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT-577427
REPRESENTED BY ITS SECRETARY
SRI. YELLAPPA M.
4. KUMADHWATHI MEENUGARARA
SAHAKARA SANGHA LTD.
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959 SHIKARIPURA TALUK,
SHIVAMOGGA- 577 427
REPRESENTED BY ITS SECRETARY
SRI. KRISHNAPPA N.
5. HOYSALA VIVIDODDESHA MEENUGAARARA
SAHAKARA SANGHA LTD.,
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959 HALEBEEDU,
HALEBEEDU HOBLI, BELUR TALUK,
HASSAN DISTRICT- 573121.
REPRESENTED BY ITS SECRETARY
SRI. MAHESH B C.
6. SRI. GANGAPARAMESHWARI
MEENUGAARARA SAHAKARA SANGHA LTD
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
3
SOCIETIES ACT, 1959
NUGGEHALLI HOBLI, SANTESHIVARA,
CHANNARAYAPATTANA TALUK,
HASSAN DISTRICT-573131
REPRESENTED BY ITS SECRETARY
SRI. PRAKASH N M.
7. SRI. BASAVESHWARA MEENUGARARA
SAHAKARA SANGHA LTD.
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE SOCIETIES ACT,
1959 OFFICE AT GUJJEGOWDANAPURA,
JAYAPURA HOBLI, MYSORE TALUK,
MYSORE DISTRICT-570008
REPRESENTED BY ITS PRESIDENT
SRI. CHELUVARAJU.
8. NISARGA MEENUGARARA SAHAKARA
SANGHA LTD.
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959
CHIKKAMOLE VILLAGE,
CHAMARAJANAGARA TALUK,
CHAMARAJANAGARA DISTRICT-571313
REPRESENTED BY ITS PRESIDENT
SRI. CHENNIGA SHETTY.
9. SRI GANGA PARAMESHWARI
MEENU UTPHADANA MARATA
MATTU SAMSKARANA SAHAKARA
SANGHA LTD.,
A SOCIETY REGISTERED UNDER THE
KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959
HAVING OFFICE AT KELAGOTE VILLAGE,
JAGALURU TALUK,
DAVANGERE DISTRICT-577528
REPRESENTED BY ITS SECRETARY,
SRI. K G CHANDRAPPA.
4
10 . MEENUGAARARA MEENU
MARATA SAHAKARA SANGHA LTD.
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE SOCIETIES ACT,
1959 GUNDLUPETE TALUK,
CHAMARAJANAGAR DISTRICT-571313
REPRESENTED BY ITS SECRETARY
SRI. MAADASHETTY.
11 . SRI. KANIVE MARAMMA
MEENUGARARA SAHAKARA SANGHA LTD.
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959
DHARMAPURA, HIRIYUR TALUK,
CHITRADURGA DISTRICT- 577546
REPRESENTED BY ITS SECRETARY
SRI. RANGE GOWDA.
12 . SRI GANGE MEENUGARARA
SAHAKARA SANGHA LTD.,
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959
HAVING OFFICE AT: ARALIMARADAHOSAHALLI
VILLAGE, NAYAKARA HALLI POST,
HOLURU HOBLI, KOLAR TALUK-563126
REPRESENTED BY ITS PRESIDENT
SRI. SHIVARAJKUMAR H N.
13 . GATTU GANGAMMA MEENUGAARARA
SAHAKARA SANGHA LTD.,
A SOCIETY REGISTERED UNDER THE
KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959
HAVING OFFICE AT CHILLAPPANAHALLI VILLAGE,
NAYAKARA HALLI POST,
HOLURU HOBLI, KOLAR TALUK-563126
REPRESENTED BY ITS PRESIDENT
SRI. SHIVANANDA N.
5
14 . JAI KARNATAKA MEENUGAARARA
SAHAKARI SANGHA LTD
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE
SOCIETIES ACT, 1959
TILAVALLI VILLAGE, HANGAL TALUK,
HAVERI DISTRICT-581120
REPRESENTED BY ITS SECRETARY
SRI. MAKBOOL AHMED
RAHAMAN MULLA.
15 . SRI KOLAMBIKA PARISHISHTAJAATI
JANANGADA MEENU UTPHADANA
MARATA MATTU SAMSKARANA SAHAKARA
SANGHA LTD.,
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE SOCIETIES ACT,
1959 HAVING OFFICE AT KANCHIKERI,
HARPANAHALLI TALUK,
VIJAYANAGAR DISTRICT-583 125
REPRESENTED BY ITS PRESIDENT,
SRI. M. B. ANJANAPPA.
16 . MEENU UTPANNA MATTU
MARATAGARARA SAHAKARA SANGHA LTD.,
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO-OPERATIVE SOCIETIES ACT,
1959 HARAPPANA HALLI,
VIJAYANAGAR DISTRICT- 583 131
REPRESENTED BY ITS PRESIDENT
SRI. N. THIMMAPPA.
17 . SRI GANGAPARAMESHWARI MEENUGAARARA
SAHAKARA SANGHA LTD
A SOCIETY REGISTERED UNDER
THE KARNATAKA CO OPERATIVE
SOCIETIES ACT, 1959.
HAVING OFFICE AT MEDLERI,
RANIBENNUR TALUK,
HAVERI DISTRICT 581211
6
REPRESENTED BY ITS SECRETARY.
SRI NAGARAJ NAGAPPA PURDU.
18 . SRI Y N ARVIND
S/O N NANJEGOWDA
AGED ABOUT 42 YEARS,
PRESIDENT OF THE KARNATAKA
STATE CO OPERATIVE FISHERIES
FEDERATION. R/AT NO. 31, SATYA MARGA,
SIDDHARTHA NAGARA,
MYSORE 570 001.
19 . SRI GANDADHAR B
S/O BASAPPA,
AGED ABOUT 46 YEARS,
R/AT HALLEVAR,
GADIMAKUNTE, JAGALURU TALUK,
DAVANAGERE 577 528.
20 . SRI KUMAR
S/O GOVINDAPPA,
AGED ABOUT 46 YEARS,
R/AT KEREBEEDI,
OLAGERAMMA TEMPLE,
CHANNARAYANAPATTANA,
HASSAN DISTRICT 573 116.
...PETITIONERS
(BY SRI.P.N. MANMOHAN, A/W
SRI. VINAY N., ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF ANIMAL HUSBANDRY
AND FISHERIES, M S BUILDING,
VIDHANA VEEDHI, BENGALURU 560 001
7
REP BY ITS SECRETARY.
2. THE DRIECTOR OF FISHERIES
DEPARTMENT OF FISHERIES,
3RD FLOOR, PODIUM BLOCK,
DR AMBEDKAR VEEDHI,
BENGALURU 560 001.
3. THE ASSISTANT DIRECTOR OF FISHERIES
DEPARTMENT OF FISHERIES,
OFFICE AT NEAR ETCM HOSPITAL KOLAR,
BANGARPET ROAD,
KOLAR DISTRICT 563102.
4. THE ASSISTANT DIRECTOR OF
FISHERIES DEPARTMENT OF
FISHERIES, JAGALUR TALUK,
DAVANAGERE DISTRICT 577528.
5. THE ASSISTANT DIRECTOR OF FISHERIES
DEPARTMENT OF FISHERIES,
HIRIYUR TALUK,
CHITRADURGA DISTRICT 577598.
6. THE ASSISTANT DIRECTOR OF FISHERIES
DEPARTMENT OF FISHERIES
SHIKARIPURA TALUK,
SHIVAMOGGA DISTRICT 577427.
7. THE ASSISTANT DIRECTOR OF FISHERIES
DEPARTMENT OF FISHERIES,
CHAMARAJANAGARA DISTRICT 571313.
...RESPONDENTS
8. MR. RAJESH BABU B.V.
S/O SRI VENKATESH
AGED ABOUT 35 YEARS
R/AT NO. 18, NEW TOWN BLOCK-2
8
BETHAMANGALA KGF TALUK
KOLAR DISTRICT - 563 116.
9. SRI. MURULIDHARA R
S/O RAMAKRISHNAPPA
AGED ABOUT 49 YEARS
RESIDENT OF BRILLIANT CONVENT SCHOOL
DHARMAPURA
HIRIYUR TALUK
CHITRADURGA DISTRICT -577 546.
...PROPOSED RESPONDENTS
(BY SRI. C.S. PRADEEP., AAG A/W
SRI. SHAMANTH NAIK., HCGP
SRI. RAJESH GOWDA., ADVOCATE FOR PROPOSED
RESPONDENT IN IA NO. 4/2025
SRI. THYAGARAJA S., ADVOCATE FOR PROPOSED
RESPONDENT IN IA NO. 5/2025)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT OF CERTIORARI AND QUASH THE ORDER DATED
02.06.2025 BEARING NO. PA.SAM.MEE.E-87 MEE.EE
PASSED BY THE RESPONDENT NO.1 (PRODUCED A5
ANNEXURE- F) AND CONSEQUENTLY, QUASH ALL
E-AUCTION NOTICES ISSUED IN FURTHERANCE THERETO
AND II) ISSUE A WRIT OF CERTIORARI AND QUASH THE
E-TENDER NOTIFICATION DATED 06.06.2025 BEARING
NO. KLR/ALL/01/2025-26 ISSUED BY THE RESPONDENT
NO.3 (PRODUCED AS ANNEXURE-G)
III) ISSUE A WRIT OF CERTIORARI AND QUASH THE E-
TENDER NOTIFICATION DATED 06.06.2025 BEARING
NO.ADF//E-TENDER/01/2025-26(1) ISSUED BY THE
RESPONDENT NO.4 (PRODUCED AS ANNEXURE- H)
IV) ISSUE A WRIT OF CERTIORARI AND QUASH THE E-
TENDER NOTIFICATION DATED 06.06.2025 BEARING
NO.HA.GU.PA 01/2025-26 ISSUED BY THE RESPONDENT
NO.5 (PRODUCED AS ANNEXURE- J)
V) ISSUE A WRIT OF CERTIORARI AND QUASH THE E-
9
TENDER NOTIFICATION DATED 11.06.2025 BEARING
NO.E-TENDER/02/2025-26 ISSUED BY THE RESPONDENT
NO.6 (PRODUCED AS ANNEXURE- K)
VI) ISSUE A WRIT OF CERTIORARI AND QUASH THE E-
TENDER NOTIFICATION DATED 13.06.2025 BEARING NO.
HA.GU,PA/E-TENDER/4/2025-26 ISSUED BY THE
RESPONDENT NO.7 (PRODUCED AS ANNEXURE- L).
IN W.P.No. 16954/2025
BETWEEN
DAVANAGERE FISHERIES
AMRITH FARMER PRODUCER CO. LTD.,
(REGISTERED U/COMPANIES ACT 2013)
REP BY ITS CHAIRMEN,
K C SURESH, S/O CHOANDRAPPA,
AGED ABOUT 40 YEARS,
R/O KODAGANURU 577 510.
...PETITIONER
(By Sri. HIREMATHAD MAHESHIAH RUDRAYYA.,
ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY,
DEPARTMENT, OF FISHERY,
M S BUILDING,
DR AMBEDKAR VEEDHI,
BANGALORE 01.
2. THE DIRECTOR OF FISHERY
III FLOOR, VISHWESHWARIAH TOWER,
DR AMBEDKAR ROAD,
BANGALORE 1.
10
3. THE ASSISTANT DIRECTOR OF FISHERIES
DAVANAGERE TALUK,
NO. 286/2-A, SRI GURU RENUKA BUILDING,
2ND FLOOR, C J HOSPITAL ROAD,
P J EXTENSION, DAVANAGERE 5770002.
...RESPONDENTS
4. H. THIMMAPPA
AGED ABOUT 63 YEARS
S/O HANUMANTAIAH
NO.81, JANATHA COLONY
KODAGANUR
DAVABAGERE - 577 534.
...PROPOSED RESPONDENT
(By Sri. C S PRADEEP., AAG A/W
Sri. SHAMANTH NAIK., HCGP
SRI. M. VINAYA KEERTHY., ADVOCATE FOR
PROPOSED RESPONDENT )
THIS WP IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE R-3 DATED
5.06.2025 BEARING NO. ADF/DVG/E TENDER/01/2025-
26 PRODUCED AT ANNX-D IN SO FAR AS PETHE
KODAGANURU TANK IS CONCERNED
DIRECT THE R-2 AND 3 TO ALLOT THE FISHING AT
KODAGANURU TANK TO PETITIONER COMPANY OR ANY
OTHER FISHERS ASSOCIATION WITHOUT E TENDER.
11
IN W.P.No. 17638/2025
BETWEEN:
1. GANGA ANGALAPARAMESHWARI
FISHERMENS CO-OPERATIVE SOCIETY LTD
HOSAKUBURAKUNTE,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT - 562120
REPRESENTED BY ITS SECRETARY.
2. MAHILA MEENUGARARA SAHAKARA
SANGHA NIYAMITHA
NARSAPURA, KOLAR TALUK
REPRESENTED BY ITS SECRETARY.
3. MEENUGARARA SAHAKARA
SANGHA NIYAMITHA
KOLAR TALUK - 563101
REPRESENTED BY ITS SECRETARY.
4. SRI MUTHYALAMMADEVI
FISHERMEN COPERATIVE SOCIETY LTD
J KURUBARAHALLI, JANGAMANAKOTE HOBLI
SHIDLAGHATTA TALUK
CHIKKABALAPURA DISTRICT
REPRESENTED BY ITS SECRETARY.
(PETITIONERS ARE REGISTERED
UNDER KARNATAKA
CO-OPERATIVES SOCIETIES ACT, 1959)
...PETITIONERS
(By Sri. DEVIPRASAD SHETTY., ADVOCATE )
AND
1. STATE OF KARNATAKA
12
DEPARTMENT ANIMAL
HUSBANDRY AND FISHERIES
M.S.BUILDING
BENGALURU - 560001
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE DIRECTORATE OF FISHERIES
3RD FLOOR PODIUM BLOCK,
VISVESHWARAIAH TOWER
DR. B.R. AMBEDKAR VEEDHI
BENGALURU - 560001
REPRESENTED BY ITS DIRECTOR.
3. THE JOINT DIRECTOR OF FISHEREIS
6TH FLOOR, A.S.V.N.V. BHAVANA
K.G.ROAD,
BENGALURU - 560009.
4. THE DEPUTY DRIECTOR OF FISHERIES
CUBBON PARK, K R CIRCLE,
BANGALORE DISTRICT
BENGALURU - 560001.
5. ASSISTANT DIRECTOR FOR FISHERIES
OFFICE OF ASSISTANT
DIRECTOR FOR FISHERIES
NEAR ETCM HOSPITAL
BANGAPET ROAD
KOLAR DISTRICT - 563 101.
6. ASSISTANT DIRECTOR FOR FISHERIES
OFFICE OF ASSISTANT DIRECTOR
FOR FISHERIES
DEVANAHALLI TALUK
BANGALORE
RURAL DISTRICT -562 110.
13
7. ASSISTANT DIRECTOR FOR FISHERIES
OFFICE OF ASSISTANT
DIRECTOR FOR FISHERIES
CHINTAMANI TALUK,
CHIKKABALAPURA DISTRICT - 563 125.
...RESPONDENTS
(By Sri. C S PRADEEP., AAG A/W
SRI. SHAMANTH NAIK., HCGP )
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI
QUASHING E-TENDER NOTIFICATION ISSUED BY THE
RESPONDENT NO 6 DATED 09/06/2025 IN E-TENDER
PRAKATANE NO ALL/DVHALLI/01/2025-26 IS HEREWITH
PRODUCED AS ANNEXURE-E.
B) ISSUE A WRIT IN THE NATURE OF CERTIORARI
QUASHING THE E-TENDER NOTIFICATION ISSUED BY THE
RESPONDENT NO 5 DATED 06/06/2025 IN E-TENDER
PRAKATANE NO KLR/ALL/01/2025-26 IS HEREWITH
PRODUCED AS ANNEXURE-F.
C) ISSUE A WRIT IN THE NATURE OF CERTIORARI
QUASHING E-TENDER NOTIFICATION ISSUED BY THE
RESPONDENT NO 5 DATED 06/06/2025 IN E-TENDER
PRAKATANE NO KLR/ALL/01/2025-26 IS HEREWITH
PRODUCED AS ANNEXURE-G.
D) ISSUE A WRIT IN THE NATURE OF CERTIORARI
QUASHING E-TENDER NOTIFICATION ISSUED BY THE
RESPONDENT NO 7 DATED 04/06/2025 IN E-TENDER
PRAKATANE NO SHIDLAGATTA /HAGUPA/01/2025-26 IS
HEREWITH PRODUCED AS ANNEXURE-H.
E) ISSUE A WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENTS NO 5 TO 7 TO STRICTLY
ADHERE TO THE PROCEEDINGS WHICH IS
COMMUNICATED TO ALL DIFFERENT GOVERNMENT
WINGS DATED 08/05/2025 IS HEREWITH PRODUCED AS
ANNEXURE-C BEARING NO.
14
KAKESAMAPR/BEN/ADMN/STRATON/32/2024-25/ 138
AND AS PER THE TIPPANI OF THE CHIEF SECRETARY OF
THE STATE GOVERNMENT i. e THE RESPONDENT NO 1
DATED 05/05/2025 IN MUUKAI 9997040/2025 WHICH IS
COMMUNICATED TO ALL THE OTHER STATE
GOVERNMENT WINGS IS HEREWITH PRODUCED AS
ANNEXURE-C1.
THESE WRIT PETITIONS COMING ON FOR
PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD
ORDER
The petitioners in W.P.No.17630/2025 and W.P. No.17638/2025 are either Co-operative societies registered under the Karnataka Co-operative Societies Act, 1959 or fishermen, and the fishermen in the concerned Talukas in the State have constituted these Co-operative Societies, as stated in the writ petitions, to support the fishermen within their territorial jurisdiction in handling their livelihood issues. The eighteenth petitioner in W.P.No.17630/2025 is the 15 President of a Federation of Fisheries Co-operative Societies.
2. The State Government has evolved Inland Water Fisheries Policy in the year 2006, and the State Government has issued its Order dated 21.02.2014 ['the Fishing Policy-2014'] revisiting its policy repealing the earlier policy. The salient of this Fishing Policy-2014 are [i] the re-classification of the Tanks, Rivers and Reservoirs in the State [for the reasons of convenience these are hereafter referred to as "the Tanks"], [ii] the priority to the Fishermen's Co-operative Societies in the grant of lease of the fishing rights[for 5 years] in the Tanks, [iii] the exception to this rule is the grant of fishing rights in selected Rivers and Estuaries in favour of the Societies and Associations promoted to protect fish species and diversity, and [iv] the limits on grant of such lease to a Co-operative Society and the priority amongst these Societies. This new policy is categorical 16 that the Department of Fisheries will float tenders for grant of lease of the fishing rights in only those Tanks for which a Fishermen Co-operative Society has not made an application.
3. The petitioners are aggrieved by the State Government's decision to make a further exception to the rule to grant lease of fishing rights only to the Fishermen's Co-operative Societies in floating tenders for grant of lease of fishing rights in Tanks with the lift irrigation facility. The State Government, according to the petitioners, has made this exception in issuing the order dated 02.06.2025, and thereafter certain Taluka and District Directorates of Fisheries have issued Notifications calling for bids. The details of this Order dated 02.06.2025 and the impugned Tender Notifications in the respective writ petitions are as stated hereafter.
17The Government Order dated 02.06.2025 [Annexure- F]1: This Government Order, in its preamble, records that there are 569 Tanks in the State with lift irrigation facility; that during the previous year, the fishing rights to 219 of these Tanks were given by e-Tender; that for the present year there are 350 Tanks, that even if the decision is to grant fishing rights to the Fishermen's Co- operative Societies, it can only be for 91 Tanks; and that the fishing rights to the remaining 259 Tanks must be E-Tendered.
This Government order also reads that because of the Election Code of Conduct between 06.03.2024 and 12.06.2024 and because the existing leases expire as of 30.06.2024, permission must be given to invite bids by E-Tender for the tanks with lift irrigation facility. Significantly, this Order stipulates that the grant of lease of fishing rights to those Tanks which have a 1 This Government order is impugned only in WP No. 17630/2025 18 spread of more than 40 hectares and are filled from KC Valley must necessarily be by E-Tenders. The details of the Tender Notifications impugned in WP No.17630/2025.
[i] The Tender Notification dated 06.06.2025 [Annexure-G]: The Assistant Director, the Directorate to Fisheries, Kolar has issued this Notification calling tenders for five tanks with the spread between107.60 and 410.40 hectares and command area between 119.10 and 318.00 hectares.
[ii] The Tender Notification dated 06.06.2025 [Annexure-H]: The Assistant Director, the Directorate to Fisheries, Jagalur Taluk, Davanagere District has issued this Notification calling tenders for five tanks with the spread between 108 and 389 hectares and command area between 43 and 560.55 hectares. 19 [iii] The Tender Notification dated 06.06.2025 [Annexure-J]: The Assistant Director, the Directorate to Fisheries, Hiriyur Taluka has issued this Notification calling tenders for a tank with the spread of 620 hectares and command area of 368 hectares. [iv] The Tender Notification dated 11.06.2025 [Annexure -K]: The Assistant Director, the Directorate to Fisheries, Shikaripura Taluk, Shimoga District has issued this Notification calling tenders for sixty-four tanks with the spread between 2.4 and 64.03 hectares and command area between 40.48 and 164.48 hectares. [v] The Tender Notification dated 13.06.2025 [Annexure -L]: The Assistant Director, the Directorate to Fisheries, Chamarajnagara issued this Notification calling tender for ten tanks with the area between 12 and 85 hectares and command area between 47 and 971 hectares.
20The details of the Tender Notifications impugned in WP No.17638/2025.
[i] The Tender Notification dated 09.06.2025 [Annexure-E]. The Assistant Director, the Directorate to Fisheries, Devanahalli has issued this Notification calling tenders for a tank with the spread of 169 hectares and command area of 324 hectares. [ii] The Tender Notification dated 06.06.2025 [Annexure-F and G]: The Assistant Director, the Directorate to Fisheries, Kolar has issued this Notification calling tenders for five tanks with the spread between107.60 and 410.40 hectares and command area between 119.10 and 318.00 hectares. This tender notification is impugned insofar as the Narsapura Doddakere Lake with the spread of 107.60 hectares and command area 122 hectares and the Amanikere Lake with the spread of 279.60 hectares and command area 318 hectares.
21[iii] The Tender Notification dated 04.06.2025 [Annexure-H]: The Assistant Director, the Directorate to Fisheries, Chintamani has issued this Notification calling tenders for two tanks with the area between 188 and 495.2 hectares and command area between 382 and 435 hectares.
4. Government Order dated 09.03.2018. The State Government has amended its Fishing Policy- 2014 by this order dated 09.03.2018. The stipulation in this amendment is that fishing rights of all the Tanks with lift irrigation facilities should be awarded inviting tenders and the money so collected should be used to meet the electricity expenses in operating the lift irrigation facilities. The concerned, with this change in its Fishing Policy-2014, has floated tenders to grant fishing rights in the lakes/tanks with lift irrigation facilities.
22
5. Writ Petitions in WP No.3087/2017 and connected matters. A few Fishermen's Co-operative Societies have filed these writ petitions calling in question the State Government's decision to auction fishing rights relying upon the Fishing Policy-2014 asserting that with this policy in vogue the State Government can only permit fishing in the tanks by grant of lease to the Fishermen's Co-operative Societies and that a decision to grant fishing rights by tender violates this policy which has the flavour of a statute and affects fishermen's rights.
5.1 A coordinate Bench of this Court has dismissed these writ petitions by the order dated 16.01.2021 observing, amongst others, that filing tanks and rivers by lift irrigation entails costs and the State Government's decision to grant fishing rights by floating tenders is to manage the costs of power generation. This Court has opined that if the State Government, because 23 filling water to lift irrigation consumes power entailing costs, deviates from a policy, then such policy cannot be read and interpreted as a statutory provision and that the Courts will not substitute its opinion in policy matters because Governments are in a better position to fashion policy.
5.2 These Fishermen's Co-operative Societies have called in question the order dated 16.01.2021 in intra Court appeals in the W.A. No. 259/2021 and a connected appeal. These appeals are admitted and pending consideration, but there is no interim order interdicting the State Government from floating tenders for issuance of fishing rights in tanks with lift irrigation facilities.
6. The details of the other Government Orders and certain other proceedings:
6.1 The Government Order dated 25.05.2022 is issued stipulating that with effect from the Fishing Year 24 2022-2023 the fishing rights in the Tanks other than those Tanks for which fishing rights are granted to Fishermen's Co-operative Societies under the Fishing Policy -2014, must be granted on tender. The Government Order dated 18.06.2022 is issued reiterating the afore and stipulating that 17.15% of the E-Tenders should be reserved for the fishermen from the Scheduled Castes and 6.95% must be reserved for the fishermen from the Scheduled Tribes.
6.2 The subject of auctioning fishing rights is also part of the discussion in the 12th General Council meeting [12th Meeting] of the Karnataka Tank Conservation and Development Authority. This meeting is chaired by the Honourable Chief Minister, and the decision in this meeting on 22.04.2025 is that the fishing rights, excluding 4044 Tanks for which fishing rights are granted to the Fishermen's Co-operative Societies, must be granted by E-Tender. 25
6.3 The Chief Secretary, Government of Karnataka, after this meeting on 22.04.2025, has issued a Note on 05.05.2025 calling upon all the concerned to issue E-tender to grant fishing rights to all the Tanks excluding the Tanks for which fishing rights are given to the Fishermen's Co-operative Societies. This Note also records that there are about 41,875 tanks and survey of 31,033 tanks is completed, and the remaining 10,710 tanks have to be surveyed; and that the survey exercise indicates that there are encroachment in 11,212 tanks and encroachments of 5967 tanks have been removed.
6.4 The impugned Government Order dated 02.06.20252 is issued re-fixing the base price for grant of fishing rights from Rs.300/- per hectare to Rs.1500 per hectare stipulating that [a] the tenders must be called for all the Tanks with a spread of over 40 2 The preamble to this Government Order has already been referred to in the first part of this order, and this Order is impugned only in the petition in WP No. 17630/2025. 26
hectares and those tanks that are filled up from KC Valley and [b] that fishing rights in small tanks must be by inviting tenders, at the Village Panchayat Level, with preference for Fishermen's Co-operative Societies. After this Government Order, the Director of Fisheries has issued the Circular dated 04.06.2025 stipulating, amongst others, that:
• the tenders must be issued immediately for all those Tanks with a spread of over 100 hectares, and • the Tanks with a spread of less than 100 hectares must be reserved in terms of the Government order dated 18.06.2022
7. This Court, on 20.06.2025, has granted interim order staying the operation of these tender notifications observing that the Government order dated 02.06.2025 could be in violation of the State Government's policy vide the Notification dated 27 21.02.2014 to grant lease of fishing rights in Tanks on a priority to the Fishermen's Co-operative Societies and to float tenders only when no application is received from a Fishermen's Co-operative Societies. The State Government has filed application for vacating this interim order which is continued by this Court, and certain third parties have filed their applications for permission to come on record asserting, amongst others, that they have submitted their bids depositing EMD and the delay in finalisation of the respective tenders prejudices them.
8. The rival submissions in the WP No.17630/2025 and 17638/2025.
This Court has heard Mr. P N Manmohan and Mr. Devi Prasad Shetty, the learned counsels for the petitioners, Mr. C S Pradeep, a learned Additional Advocate General and Mr. Vinay Keerthi for the applicant in the WP No.17630/2025 and 17638/2025. 28 Mr. P N Manmohan, leading for the petitioners, canvasses the following for this Court's interference at the petitioner's instance.
8.1 The State Government is under an obligation, as envisaged under Article 43B of the Constitution of India, to endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of Co- operative societies. The Constitution puts the State Government under this obligation so that the communities such as the fishermen, who constitute backward communities in the Nation, can group themselves for better management of their interests and to secure such interests, which includes the right to livelihood.
8.2 The State Government has recognised the fishermen's right to livelihood in evolving the Fishing Policy 2014 stipulating that the Fishermen's Co- 29 operative Societies will be granted fishing rights on a priority subject to certain conditions to ensure that there is equity in granting such fishing rights amongst these Co-operative Societies and also in stipulating that the State Government will invite tenders only for those Tanks for which a Fishermen's Co-operative Societies has not applied. The terms of this Fishing Policy-2014 secure the fishermen's right to livelihood, and it also recognise the fishermen's legitimate expectation of being conferred with the rights to fishing through their Co- operative Societies.
8.3 The State Government's decision to permit fishing rights by E-Tender for the Tanks with lift irrigation facilities or tanks with the spread of certain hectares or the Tanks filled by KC Valley, even if considered as a policy decision, is arbitrary and without application of mind, and when these are shown, the Courts will have to intervene as observed by the Apex 30 Court in Devesh Sharma v. Union of India and others3. The reliance is on the following paragraph:
70. A policy decision which is totally arbitrary;
contrary to the law, or a decision which has been taken without proper application of mind, or in total disregard of relevant factors is liable is liable to be interfered with, as that also is the mandate in law and the Constitution. This aspect has been reiterated by this Court time and again. 8.4 The State Government's reason to justify the decision to deviate from the policy of inviting tenders only when there is no application by a Fishermen's Co- Operative Society is that it will have to recover the cost of power utilised in operating the lift irrigation facilities, but as emphasised by the High Court of Orissa in Nuanai Primary Fishermen Co-operative Society v. The State of Orissa4, the State cannot justify a deviation from the policy, which is articulated in public 3 [2023] 18 Supreme Court Cases 339 4 1992 1 OLR 40 31 interest, for monetary reasons. The fact that the State Government justifies its decision to deviate from the policy articulated in the Fishing Policy-2014 based on monetary considerations enables the petitioners to discharge the preliminary burden of showing that the deviation from the policy is arbitrary and unreasonable.
8.5 The fishermen, who earn their livelihood fishing in tanks, rivers and reservoirs in the State [the Tanks], are dependent on fishing for their livelihood and any decision by the State Government to call for offers from individuals/entities other than the Fishermen and their Co-operative Societies will pitch the fishermen to compete, to secure their livelihood, with the really enabled and powerful. The State Government has decided to invite offers from individuals/entities for fishing rights in the different Tanks in the State at Rs.1500 per hectare, and neither the fishermen nor their Co-operative societies can compete with these 32 entities and individuals who can bid for a fee based on reserve price per hectare. Thus, the State Government in issuing the order dated 02.06.2025 has arbitrarily imperilled the livelihood of the fishermen whose interest the petitioners espouse as Co-operative Societies incorporated by them.
8.6 The State Government in issuing its order dated 02.06.2025, which paves way for the consequential Circular dated 04.06.2025 and the impugned tender notifications, is in breach of the obligation that stems from the legitimate expectation. The State Government has acted arbitrarily in altering the policy statement in the Fishing Policy- 2014 and in issuing the impugned Government Order dated 02.06.2025 with the stipulation that tenders must be invited for all tanks with a spread over 40 hectares and those tanks that are filled up from KC Valley. The arbitrariness is emphasised in the Director of Fisheries 33 issuing the Circular, which is dated 04.06.2025. The Director of Fisheries has stipulated that tenders must be invited for all the Tanks with the spread of over 100 hectares. The impugned Government Order dated 02.06.2025 and the Circular dated 04.06.2025, are despite the Fishing Policy-2014.
8.7 The petitioners are justified in asserting the right to lease of the fishing rights on a fee because of the promise in the Fishing Policy-2014 to grant the fishing rights on a priority and to invite tenders only when an application is not filed by a Fishermen's Co-Operative Society. The petitioners are thus able to demonstrate that because their right stems from this promise, they have a legitimate expectation that this promise will not be breached arbitrarily.
8.8 It is settled law that the Court will interfere on the ground of breach of legitimate expectation when it is shown that the deviation is not based on any larger 34 public interest. The deviation from the Fishing Policy- 2014 in the impugned Government Order dated 02.06. 2025, and the impugned tender notifications, do not sub-serve any larger public interest, and in fact, they undermine such interest in denying fishing rights to the fishermen/their Co-operative Societies in permitting commercialisation with stipulations such as that tenders must be invited for all tanks which have a spread of over 40/ 100 hectares. The reliance is upon the decision of the Apex Court in Food Corporation of India v. Kamadhenu Cattle Feed Industries5.
8.9 The decision by the Karnataka Tank Conservation and Development Authority in its 12th Meeting chaired by the Hon'ble Chief Minister is that the tenders must be invited for the Tanks, excluding 4044 those for which the Fishermen's Co-operative Societies are granted fishing rights. Even this decision 5 [1993] 1 Supreme Court Cases 71.
35secures the fishermen's rights to fish through the Co- operative Societies constituted by them. However, the office of the Chief Secretary, Government of Karnataka has issued a Note on 05.05.2025 generally stating that he tenders must be issued for all Tanks which is contrary to this decision. This Note paves way for both the impugned Government order dated 02.06.2025 and the Circular dated 04.06.2025.
9. Mr. C S Pradeep, a learned Additional Advocate General, emphasising that the petitioners have suppressed the outcome in the earlier proceedings in the writ petitions in WP No. 3087/2017 and the connected matters, submits that the State Government's decision to grant fishing rights in the Tanks that have lift irrigation facilities is part of the Fishing Policy-2014 evolved over a period of time. The State Government's decision in this regard, after the orders of this Court on 16.01.2021 in WP No. 36 3087/2017 and the connected matters, is by way of a reiteration in issuing the Government Orders dated 25.05.2022 and 18.06.2022 with the stipulation that a certain percentage of Tanks for grant fishing rights even under E-Tender must be reserved for Scheduled Castes and Scheduled Tribes.
9.1 Mr. C S Pradeep canvasses that this Court, in WP No. 3087/2017 and the connected matters, has opined that the decision to grant fishing rights in the Tanks with the lift irrigation facilities by inviting tenders is the State Government's policy decision and that this Court will not substitute its view in view of the reasons that have prevailed with the Government to evolve the Fishing Policy-2014 without undermining the rights of the Fishermen's Co-Operative Societies. The Learned Additional Advocate General submits that this Court has also accepted the State Government's reason to grant fishing rights by inviting tenders for those Tanks 37 that have the lift irrigation facilities viz., to recover the cost of electricity regularly incurred in operating the lift irrigation facilities.
9.2 Mr. C S Pradeep argues that this Court's opinion as aforesaid has been challenged by the concerned in the intra court appeals in W.A. No. 259/2021 and the connected matter and these appeals are also admitted, but the Division Bench has not granted any interim order, and therefore, the State Government is justified in issuing the impugned Government Order dated 02.06.2025. The Learned Additional Advocate General argues that the State Government's Order dated 02.06.2025 is consistent with the Fishing Policy-2014 evolved over a period of time, and he relies upon the following decisions to assert that the settled law is against interference with policy decisions when there is a delay challenging such policy and that the Courts will not interfere only 38 because it could be opined that a policy could be more fair or wiser.
• The Dhampur [Kashipur] Limited v. State of Uttaranchal and others6 • State of Madhya Pradesh and others v Nandanlal Jaiswal and others7 • Balco Employees Union[registered] v Union of India and others8 • Union of India and others v. Dinesh Engineering Corporation and another9 9.3 Mr. C S Pradeep also rebuts the argument that the impugned Government Order dated 02.06.2025 is contrary to the resolution in the 12th Meeting of the Karnataka Tank Conservation and Development authority, a meeting chaired by the Honourable Chief Minister, because the decision is to grant fishing rights 6 [2007] 8 Supreme Court Cases 418.
7 [1986] 4 Supreme Court Cases 566.
8 [2002] 2 Supreme Court Cases 333.
9 [2001] 8 Supreme Court cases 491.
39by inviting tenders only in those tanks that have lift irrigation facilities and without prejudice to the leasehold rights granted to the Fishermen's co-operative Society. The Learned Additional Advocate General lastly emphasises that there are thousands of tanks for which leasehold rights are issued to either the fishermen or their Co-operative Societies and that the decision to grant fishing rights by E-Tenders would only be for 800 Tanks primarily because these Tanks have the lift irrigation facilities.
The submissions in WP No. 16954/2025 and the questions formulated
10. The writ petition in WP No. 16954/2025 is by a company incorporated under the Companies Act, 2013. This petitioner is aggrieved by the decision of the Assistant Director of Fisheries, Davanagere to issue Tender Notification dated 05.06.2025 inviting bids for grant of fishing rights in two Tanks in Anaji and 40 Kodaganuru villages with a spread of 311 and 174.40 hectares and the command area 195 and 228 hectares. This petitioner's only contention is that because it is incorporated with the object of pursuing fishing, amongst others, in Kodaganuru the Tender Notification 05.06.2025 could not have been issued. However, Mr Hiremathad Maheshaiah Rudraya, the learned counsel for this petitioner, is categorical that this petition could be disposed of in terms of the other two writ petitions. This Court, in the circumstances and the rival submissions canvassed in the writ petitions in WP No. 17630/2025 and 17638/2025, formulates the following questions for a decision of the dispute. [A] Whether the petitioners [the Fishermen's Co-operative Societies/Fishermen] can succeed in these writ petitions on the ground that the Fishing Policy-2014 vests in them an inviolable right to be granted fishing rights in the Tanks of the State or that the State Government has arbitrarily 41 revised this policy to issue E-Tenders for those Tanks that have Lift Irrigation facilities.
[B] Whether the Government Order dated 02.06.2025 and the circular dated 04.06.2025 by the Director of Fisheries are contrary to the Fishing Policy-2014 and its revision; and if these are contrary to such Fishing Policy, the order that should be. Reg. Question A
11. The State Government's articulated policy on grant of fishing rights is encapsulated in the Fishing Policy-2014, and the policy is admittedly categorical in stipulating that the fishing rights in the tanks/rivers/reservoirs in the State [the Tanks] will be granted on priority to the fishermen and the Co- operative Societies constituted by them. This policy is continued without any change until 2018, and this Court's observation in this regard is based on the material placed in the present proceedings. In the year 42 2018, the State Government, in issuing order dated 09.03.2018, has stipulated that fishing rights in the Tanks with lift irrigation facilities must be granted inviting tenders and that the money so generated must be used for defraying power/electricity charges.
11.1 The State Government's decision in the year 2017 to grant fishing rights inviting tenders is called in question in a batch of writ petitions in WP No. 3087/2017 and connected matters. This Court, in rejecting these writ petitions, has opined thus observing that the State Government's specific stand is that out of 3895 tanks and 82 reservoirs in the state, 362 are being fed with water from lift irrigation and that this entails incurring cost and the returns from tenders could be used for payment of electricity:
"25. There can be no exception to the proposition that water bodies have to be conserved, maintained and developed. In respect of 362 tanks, State have taken action to fill water through lift irrigation. This obviously consumes power. As held 43 in Ministry of chemicals and fertilisers government of India Vs. Cipla Ltd10 quoted with approval in Hindustan zinc Ltd., a policy document cannot be read and interpreted as statutory provision. Further, government is the best judge to decide the policy matters. The administrative authority is well necessary experience and court cannot substitute its opinion in policy matters".
11.2 After this Court's afore opinion, the decision to grant fishing rights in the Tanks with lift irrigation facilities, undoubtedly a deviation to that extent from the terms of the Fishing Policy-2014, is reiterated by the State Government vide its Orders dated 25.05.2022 and 18.06.2022. The first order is a reiteration of the decision to grant fishing rights to the Tanks with lift irrigation facilities by inviting tenders, and the next decision is that 17.15% of the tenders must be reserved for the Scheduled Castes and 6.95% for the Scheduled Tribes.
10
(2003) 7 Supreme Court Cases 1 44 11.3 The petitioners have not called in question the Government Order dated 09.03.2018 or the subsequent Government Orders dated 25.05.2022 and 18.06.2022. This Court, with these two Orders, sees a consistency in the State Government's policy to grant the fishing rights under two categories:
[a] to the Fishermen's Co-Operative Societies, and [b] to others by inviting tenders when it is for grant of the fishing rights in the Tanks that have lift irrigation facilities.
There is definitely a deviation from the Fishing Policy- 2014 to this extent because, the original policy mandated grant of fishing rights to the Fishermen/their Co-Operative Societies on priority and subject to certain parameters.45
11.4 The next detail on the State Government's order to grant fishing rights by E-Tender that is placed on record is the resolution [on 22.04.2025] in the 12th Meeting of the Karnataka Tank Conservation and Development Corporation. This Meeting is chaired by the Honourable Chief Minister, and the resolution is that the fishing rights must be granted by E-Tender but excluding 4044 Tanks for which fishing rights are granted to the fishermen/Fishermen's Co-Operative Societies. This Resolution is followed by a Note by the Chief Secretary which is dated 05.05.2025. It is argued that the Chief Secretary's Note is contrary to the Resolution, but the contradiction, even if any, is not very obvious because the Chief Secretary has called upon the concerned to issue E-Tender for those Tanks for which the fishing rights are not granted to Fishermen's Co-Operative Societies without any elaboration.46
11.5 On behalf of the State Government reliance is placed upon the Resolution dated 22.04.2025. This Resolution only reads that, except 4044 Tanks for which the fishing rights are granted to the Fishermen's Co-
operative Societies, the fishing rights must be granted in all the Tanks by inviting tenders. There is nothing on record to indicate that this Resolution is to further revise the policy. This Court could have reasonably inferred a further revision of Fishing policy-2014 if the State Government had placed on record all the materials considered, including a definite statement on why 4044 Tanks are mentioned separately. This Court so opines also because of the subsequent decisions [vide the Government Order dated 02.06.2025 and the Circular dated 04.06.2025]. The contradictions in these are discussed while answering Question B. 11.6 As such, the Question A formulated is considered to examine whether this Court must take a different view from the view that is articulated by a co- 47 ordinate bench of this Court in WP No. 3087/2017 and the connected matters in the light of the subsequent decisions/orders, and whether the petitioners can be granted relief under the doctrine of substantive legitimate expectation.
11.7 The petitioners contend that the afore deviation from the Fishing Policy is arbitrary and unreasonable, and they pitch their case in this regard asserting that it is in denial of the fishermen's livelihood assumed under the Fishing Policy-2014 and driven by monetary considerations. This Court must observe that it is settled that it will be open to an Administration to evolve its policies and that the policies can never be cast in iron, but the Administration's decision to evolve a policy, necessitating changes, must be with application of mind and free of arbitrariness. The petitioners allege denial of livelihood to the fishermen because the State Government, as against 4044 Tanks for the Fishermen/ 48 their Co-Operative Societies, has decided to invite E- Tenders for all Tanks.
11.8 There is some confusion with the actual numbers of the Tanks in the State with the lift irrigation facilities. The State Government has asserted in the earlier writ proceedings that there are 362 Tanks with lift irrigation facilities, and the impugned Government Order dated 02.06.2025 records that there are 569 Tanks with lift irrigation facilities, and in the course of hearing, the State asserts that there are 800 Tanks with these facilities. The Chief Secretary, in the Note dated 05.05.2025, has recorded that there are about 41,875 Tanks with the survey of 31,033 Tanks being completed to enable removal of encroachment/s.
11.9 This Court must observe that even between these numbers [362 and 800], the percentage of Tanks with lift irrigation facilities will only be 20% of the Tanks, and that the numbers of Tanks in which fishing 49 rights can be granted, must be a growing number with there being more than 41,875 Tanks in the State. The maintenance and development of Tanks must be a constant effort with more number of Tanks being available for fishing. As such, this Court does not opine that the fishermen are denied their livelihood by revising the Fishing Policy-2014 insofar as the Tanks with lift irrigation facilities. The Fishermen/their Co-operative Societies will have the benefit of priority in grant of the fishing rights to a vast majority of Tanks.
11.10 The petitioners next contended that the State Government's decision is driven by profit and therefore its decision to invite E-Tenders to grant fishing rights in those Tanks which have lift irrigation facilities is driven by monetary considerations. As observed by this Court in the order dated 16.01.2021, and as is reiterated in the present proceedings on behalf of the State Government, the fishing rights in the Tanks with 50 lift irrigation facilities are granted by inviting E-Tenders to defray the expenses incurred in meeting power consumption in operating the lift irrigation facilities. This Court is not persuaded, especially when a large number of Tanks are still reserved for the Fishermen's Co-operative Societies, to opine that the decision is driven by profit motives to justify this Court's interference on this score.
11.11 The petitioners contend that there is breach of their substantive legitimate expectation. The petitioners rely upon the Fishing Policy-2014 to assert that they are promised fishing rights in all Tanks on priority with the attached condition that the State Government will grant fishing rights by inviting tenders to only those tanks for which no application is filed by the Fishermen's Co-operative Societies. The petitioners primarily contend that the revision of the Fishing Policy- 2014 vide the Government Orders dated 09.03.2018, 51 25.02.2022 and 18.06.2022 violates their substantive legitimate expectation. The petitioners indeed establish the premise in which they make a claim of legitimate expectation because of the terms of the Fishing Polict- 2014 but then judicial intervention on the ground of breach of a legitimate expectation will not be only because there is some unfairness or some impropriety in exercise of power; a breach of the principle of equality enshrined in Article 14 of the Constitution of India must be established.
11.12 This Court in this regard must refer to the Apex Court's decision in Sivanandan C.T. v. High Court of Kerala11 having exposited thus.
From the above discussion, it is evident that the doctrine of substantive legitimate expectation is entrenched in Indian administrative law subject to the limitations on its applicability in given factual situations. The development of Indian jurisprudence is keeping in line with the 11 (2024) 3 Supreme Court Cases 79 52 developments in the common law. The doctrine of substantive legitimate expectation can be successfully invoked by individuals to claim substantive benefits or entitlements based on an existing promise or practice of a public authority. However, it is important to clarify that the doctrine of legitimate expectation cannot serve as an independent basis for judicial review of decisions taken by public authorities. Such a limitation is now well recognised in Indian jurisprudence considering the fact that a legitimate expectation is not a legal right. It is merely an expectation to avail a benefit or relief based on an existing promise or practice. Although the decision by a public authority to deny legitimate expectation may be termed as arbitrary, unfair, or abuse of power, the validity of the decision itself can only be questioned on established principles of equality and non- arbitrariness under Article 14. In a nutshell, an individual who claims a benefit or entitlement based on the doctrine of legitimate expectation has to establish: (i) the legitimacy of the expectation; and (ii) that the denial of the legitimate expectation led to the violation of Article
14. 53 This Court, in the circumstances discussed, is of the considered opinion that there is no arbitrariness in the State Government revising its Fishing Policy-2014 and that the petitioners cannot succeed in the present petitions on the grounds that they have an inviolable right to be granted fishing rights in the Tanks of the State under the Fishing Policy-2014 or that there is any arbitrariness in the State Government revising this Policy to issue E-Tenders for those Tanks that have Lift Irrigation facilities. The Question-A is answered accordingly.
Reg. Question B
12. This Court's opinion on this question must turn on whether there is arbitrariness or lack of application of mind in issuing the Impugned Government Order dated 02.06.2025, the Circular dated 04.06.2025 and the consequential tender notifications, and this consideration must be in the backdrop of this Court's view that the State's Fishing Policy-2014 as 54 revised in the year 2018 is that E-Tenders will be called only for those Tanks that have lift irrigation facilities and that the fishermen/their Co-Operative Societies cannot assert an inviolable right to be granted the fishing rights to all the Tanks with an embargo on the State Government to issue E-Tenders for Tanks with lift irrigation facilities.
12.1 The Resolution dated 22.04.2025 in the 12th Meeting of the Karnataka Tank Conservation and Development Authority mentions that the fishing rights are granted in 4044 Tanks to the Fishermen's Co- Operative Societies. The Chief Secretary has caused the Note dated 05.05.2025 for issuance of E-Tenders to all Tanks except those Tanks for which the Fishermen's Co-operative Societies are granted fishing rights with some elaboration of the total number of Tanks in the State. This Court has already opined that this Resolution does not articulate a further revision in the 55 Fishing Policy-2014 that was revised in 2018 with a reiteration of this revision in the year 2022. This Court observes contrary decisions after the afore Resolution dated 22.04.2025 and the Note dated 05.05.2025, and the contradiction is emphasised when juxtaposed in the following manner:
Sl The details of the The stipulation/s No. Government Order/Circular
1. The Government Order • The Tenders must be dated 02.06.2025 called for Tanks with the spread of over 40 hectares and • The Tanks that are filled up from KC Valley.
2. The Circular dated 04.06.2025 issued by • The Tenders must be the Director of Fisheries issued for all Tanks with a spread of over 100 hectares, and • The Tanks with the spread of less than 100 hectares must be reserved in terms of the government order dated 18.6.2022 56 12.2 After this contradicting Government Order dated 02.06.2025 and the Circular dated 04.06.2025, the concerned Assistant Director, the District Directorate of Fisheries have issued the impugned notifications calling for tenders for grant of fishing rights. These notifications are issued for Tanks with different spread and different command areas without indicating whether there is any application by a Fishermen's Co-Operative Society, and irrespective of the parameters mentioned in this Government Order/Circular. This Court is of the considered view that the Government Order dated 02.06.2025 and the Circular dated 04.06.2025, are in themselves not only contradictory but also opposed to the last revision in the Fishing Policy-2014 and the impugned tender notifications are arbitrary and cannot be sustained.
ORDER [A] The writ petitions in W.P No. 17630/2025 and in W.P No. 17638/2025 are allowed in 57 part quashing [i] the Government Order dated 02.06.2025, [ii] the Circular dated 04.06.2025 issued by the Director of Fisheries, and [iii] the Tender Notifications impugned in these writ petitions, but without prejudice to the State Government to issue orders for inviting tenders for the grant of the fishing rights in Tanks that have lift irrigation facilities.
[B] The writ petition in WP No. 16954/2025 is disposed of.
[C] All the pending applications are disposed of accordingly.
Sd/-
(B.M.SHYAM PRASAD) JUDGE nv*