1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 797 OF 2010 Parvatimata Machya Vyavasaik Sahakari Sanstha Ltd. .. PETITIONER VERSUS The State of Maharashtra & others .. RESPONDENTS Mr. N.R. Salunke, advocate for the petitioners. Mr. K.G. Patil, AGP for the State. Mr. A.N> kakade, Advocate for respondent no. 7. ===== CORAM : B.R. GAVAI & K.K. TATED, JJ. DATE : 18 th NOVEMBER, 2010 PER COURT : 1 By way of present petition the petitioner challenges the allotment of tender for rights of fishing for ‘Dhangar Pimpri Tank’, Dist. Jalna to respondent no. 7. 2 Mr. Salunke, learned counsel for the petitioner submits that in accordance with the Government policy, fishing rights are required to be given to the co-operative societies of fishermen having jurisdiction over the 2 area in which the tank is situated. He submits that not only this, but in other case, the tanks have been allotted to the societies of the fishermen and only in the case of the petitioner, the petitioner has been discriminated and the tender has been allotted in favour of respondent no. 7. 3 Perusal of the Government Resolution dt. 15-10-2001 would reveal that as per clause 11 thereof, the tenders are required to be alloted by inviting bids from the participants. In that view of the matter, we do not find any merit in the contention raised by the petitioner. Inso far as contention of the petitioner regarding the other societies being allotted tenders in violation of clause 11 of Government Resolution dt. 15-10-2001 is concerned, merely because an illegality is committed in some other case, the petitioner cannot have a right that the illegality should also be committed in his case. 4 In any case, the rights of the local fishermen have sufficiently been safe-guarded by the Government Resolution dt. 19-07-2003 vide which it has been provided that even if the tenders have been granted to the private individuals, they shall employ only the local fishermen and should not employ fishermen from other States. 3 5 In that view of the matter, no case is made out for interference. Petition stands rejected. ( K.K. TATED ) ( B. R. GAVAI ) JUDGE JUDGE dyb/office/wp797.10.odt