Karnataka High Court
WA/1394/2026 of JAI SANTHOSHI MATHA Vs THE STATE OF KARNATAKA on 3 August 2026
CNR: KAHC010322512026 NC: 2026:KHC:40403-DB WA No. 1394 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 1394 OF 2026 (GM-TEN) BETWEEN: 1.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT APPEAL NO. 1394 OF 2026 (GM-TEN)
BETWEEN:
1.
JAI SANTHOSHI MATHA
9-20 A-1, VIJETHA
KADEKAR GRAM PANCHAYATH
KADEKAR, UDUPI - 576 103
REP. BY ITS PARTNER
SANTHOSH V. SALIAN
S/O. VAMAN KOTIAN
AGED ABOUT 44 YEARS
REGISTERED UNDER THE
INDIAN PARTNERSHIP ACT, 1932
…APPELLANT
(BY SRI S. RAJASHEKAR, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF ANIMAL HUSBANDRY AND
FISHERIES, VIDHANA SOUDHA
BENGALURU - 560 001
REP. BY UNDER SECRETARY
TO GOVERNMENT
Digitally
signed by K
P SWETHA
Location:
High Court
of Karnataka
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2.
THE DIRECTOR
DEPARTMENT OF FISHERIES
3RD FLOOR, PODIUM BLOCK
VISHWESHWARAIAH TOWER
BENGALURU - 560 001
3.
THE JOINT DIRECTOR
DEPARTMENT OF FISHERIES
MALPE
UDUPI - 576 108
4.
THE ASSISTANT DIRECTOR OF FISHERIES
OLD ZILLA PANCHAYATH BUILDING
1ST FLOOR, BANNANJE
UDUPI - 576 101
5.
THE DEPUTY DIRECTOR
DEPARTMENT OF FISHERIES
BRAHMAGIRI
UDUPI - 576 101
…RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G., AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 22/01/2026 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT IN W.P. NO.23699/2024 (GM-TEN)
AND CONSEQUENTLY ALLOW THE WRIT PETITION BY QUASHING
THE
MEMORANDUM/ORDER
DATED
13/08/2024
BEARING
NO.DOFTECHOF.C.Y/5/2024/1321920
ISSUED
BY
THE
RESPONDENT NO.2 AND COMMUNICATED BY LETTER DATED
19/08/2024 VIDE ANNEXURE-A AND ALSO BY ISSUING WRIT OF
MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO
ISSUE ORDER CONFIRMING THE ALLOTMENT OF TENDER IN
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FAVOUR OF THE APPELLANT PURSUANT TO THE TENDER-CUM- AUCTION HELD ON 30/10/2023 AND GRANT SUCH OTHER AND
FURTHER RELIEFS.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. For the reasons stated in the affidavit accompanying the application, I.A.No.1/2026, the same is allowed and the delay of 67 days in filing the appeal is condoned.
2. The appellant has filed the present appeal impugning an order dated 22.01.2026 passed by the learned Single Judge of this court in W.P.No.23699/2024 (GM-TEN).
3. In the said writ petition, the appellant challenged the memorandum dated 13.08.2024 issued by the Directorate of Fisheries, Bengaluru, cancelling the Tender cum Auction process in respect of immovable property measuring 700 square meters in Survey No.262/1C1 A1 of Kodavoor Village, Udupi District.
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4. The appellant is a partnership firm and had participated in the bidding process pursuant to a notification dated 09.10.2023 for allotment of land for building and operating an ice-plant and refrigeration center in Survey No.262/1C1&1 of Kodavuru Village, Malpe.
5. There is no dispute that the appellant had offered the best bid. The appellant has also produced a letter dated 30.10.2023 issued by the Assistant Director of Fisheries to the Deputy Director of Fisheries indicating that the appellant was a successful tenderer for the allotment of the plot was 700 square meters on a lease for 20 years. However, we find that there is no communication accepting the appellant's bid and therefore, the contract did not come into existence.
6. The authorities cancelled the tender on the ground that it was contrary to the guidelines dated 25.08.2015, which set out the norms for allotment of sites for various purposes at fishing harbours, fish-landing centres and fish- curing yards. In terms of the said guidelines, the sites intended for cold storage unit could be allotted only to the following three entities: 1) Karnataka Fisheries
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Development Corporation; 2) District Fish Marketing Federations and 3) Local Fishermen's Co-operative Societies.
7. The learned Single Judge had also noted that apart from the aforesaid reason, the tender was also cancelled for the reason that prior permission of the Directorate of Fisheries was not obtained and the tender notification was not published in the local edition.
8. It is not necessary for this court to examine the merits of the decision to cancel the tender notification in any detail. More particularly, since the appellant does not dispute the guidelines dated 25.08.2015, which were invoked and were applicable. The said guidelines restrict the entities that are eligible for allotment of such sites. The scope of examination is confined to determining whether the decision to cancel the tender notification is arbitrary, capricious or for ulterior purposes. In the present case, there is no reason for the court to accept that the decision to cancel the tender process not bonafide for the reasons as stated above.
9. In view of the above, we find no ground to interfere with the impugned judgment. The appeal is accordingly dismissed.
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10. The pending interlocutory application stands disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KPS List No.: 2 Sl No.: 27