M. P. CHANDRAKANTARAJ, J. ( 1 ) IN this batch of writ petitions petitioners are Co-operative Societies in corporated under the Karnataka Co-operative Societies Act as well as individuals who have earlier obtained lease from the Government of Karnataka to catch fish in various tanks in the State. They are aggrieved by the auction by the Zilla Parishads within whose jurisdiction they enjoy the leasehold fishing rights in the tanks in question granted by the Government. By the fresh auction, the Zilia Parishads wants to create fresh leases in favour of others. Therefore, the present-writ petitions, inter alia on the ground that the Zilla Parishads is not competent to grant fishing rights in the tanks in question; and therefore the action of the Zilla Parishads proposing to auction all the fishing rights in the tanks in question should be prohibited by this court by issuance of appropriate writ or direction as well as quash wherever the fishing rights have been so granted by the Zilla Parishads concerned. ( 2 ) RESPONDENTS include new grantees, Officers of the Government, of the Zilla Parishads and Zilla Parishads themselves. Some of them have entered appearance and filed their objections after notice. In some cases rule has been issued and in some others, only notice has been directed regarding rule. ( 3 ) THESE matters coming up for orders, by consent of counsel for parties, they are taken up for final disposal and they are disposed of by a common order as common question of facts and law arise for consideration. ( 4 ) IN terms of Section 67 of the Karnataka Land Revenue Act ('the Act' for short) all water sources wherever they are, if they have not already vested in a private person shall be deemed to be vested in the Government. Therefore the State is the owner of the tanks in question cannot be disputed at this point of time. ( 5 ) THE question is, whether after the coming into force of the Karnataka Zilla Parishads, Taluk Panchayat Samitis, Mandal Panchayats and Nyaya Panchayats act, 1983, and various notifications issued thereunder the Government continues to retain the right to grant fishing rights in tanks of certain description. In the statement of objections filed on behalf of some of the respondent Zilla Parishads which are found in W. P. Nos. In the statement of objections filed on behalf of some of the respondent Zilla Parishads which are found in W. P. Nos. 16331 to 16334 of 1988, a notification of the Government is produced as Annexure-R. l the said notification is dated 6-5-1987 and it is as follows: From the contents of the notification it is clear that depending upon the command area of a tank (Achukat) for irrigation coming under minor irrigation schemes stand transferred subject to the conditions enumerated in the order extracted above to the concerned Zilla Parishads having territorial jurisdiction. ( 6 ) THE order is in the nature of a direction to the concerned Chief Engineers to give effect to the order transferring the management of the tank for purposes of irrigation in favour of the Zilla Parishads, subject to the extent of the command area notified which the tank or tanks in question would irrigate. ( 7 ) THE last condition i. e. , condition No. 3 clearly states that all assets and liabilities of the Government shall be borne by the concerned Zilla Parishads. Therefore, what is transferred is the control of the tank with the specified command area for irrigation and comes within the description of minor irrigation. ( 8 ) ON the basis of the said notification read with Section 182 occurring in Chapter IX providing for functions of Zilla Parishads in the Zilla Parishads Act with reference to Item XIII, the development programmes enumerated in the said section one is left with no doubt that with the transfer of the responsibility for irrigation under the order dated 6-5-1987 bearing No. PWD 2/ify/87, Bangalore, the contentions taken for the respondents must be upheld and this court will have no choice but to recognise the right to auction fishing rights or otherwise dispose of the fishing rights vested in the Zilla Parishads by virtue of the order and the provisions of law. The State Government has divested itself of the right to control the fishing rights in the tanks which are entrusted with the control and management for the purpose of irrigation to the Zilla Parishads concerned. The State Government has divested itself of the right to control the fishing rights in the tanks which are entrusted with the control and management for the purpose of irrigation to the Zilla Parishads concerned. ( 9 ) IN this behalf it is useful to extract Section 182 and Item XIII hereunder:"section 182: Functions of Zilla Parishads: (1) Subject to such exceptions, restrictions and conditions as may from time to time be specified by order by the government, it shall be the duty of every Zilla Parishads to make reasonable provision for the following matters within the area under its jurisdiction. Item XIII: Fisheries:- Development of fisheries in irrigation works vested in the Zilla Parishads. " ( 10 ) THE statutory functions imposed on the Zilla Parishads are such which makeit mandatory for the Zilla Parishads to carry out those functions. Therefore the only requirement to perform those functions mandatorily depends upon whether the control and management of tanks for the purposes of irrigation is vested in the Zilla parishads by any special or general order passed by the State Government. Once the order is passed then the Zilla Parishads are bound to take control and management of the tanks in question which have been so assigned to them for their control and management by the Government Order. ( 11 ) AS against this position the learned counsel for the petitioners, Mr. Aswathiah, contends that for the past so many years big tanks as well as small tanks and the fishing rights therein were under the exclusive control of the Deputy commissioner and in many cases they have issued fishing rights in favour of the petitioners, some of them for periods right upto 1992 and therefore in respect of such leases the Zilla Parishads cannot acquire any right because the fishing rights auctioned by the Karnataka Government Order in favour of some of the petitioners having not expired such petitioners are liable to continue to enjoy the fishing rights till the lease period comes to an end. He has also contended that some orders passed as far back as in the year 1976 and 1987, the Government had specifically granted fishing rights in favour of some of the petitioners or directed such grants. That should not in any way affect the correct position as the law stands today. He has also contended that some orders passed as far back as in the year 1976 and 1987, the Government had specifically granted fishing rights in favour of some of the petitioners or directed such grants. That should not in any way affect the correct position as the law stands today. ( 12 ) BY virtue of order dated 6-5-1987 read with Section 182, Item XIII there under of the Act for the reasons already given the State Government has divested itself of the power to grant fresh leases. If the leases have already been granted to someone when the Government had power to grant such leases or auction of the fishing right in respect of those contracts should be honoured by the successor in interest. But the remedy against failure to recognise the fishing right does not lie under Article 226 but in a competent court of Civil Jurisdiction where the grantees of such fishing rights may enforce their rights through appropriate injunctions against those who violate the terms of the lease or seek monetary damages for breach of the conditions against those responsible for such breach. ( 13 ) THEREFORE, as long as Zilla Parishads intends to auction or otherwise grant the fishing rights in respect of tanks capable of irrigating the extent of land indicated in the Government Order dated 6-5-1987, that cannot be questioned nor can this court issue any writ of prohibition or other order or direction restraining the concerned zilla Parishads from acting in accordance with the order of 6-5-1987 read with Item xiii of Section 182 of the Karnataka Zilla Parishads, Taluk Panchayat Samilis, mandal Panchayats and Nyaya Panchayats Act, 1983. ( 14 ) PETITIONS are therefore mis-conceived and they are rejected subject to the observation that the rights which are already acquired by such of those petitioners under the contract may enforce them in an appropriate forum but not under Article 226. --- *** --- .