WP/27688/2005 of Rajakajana Sangham, represented by its President, Vs The District Collector, West Godavari District, on 28 December 2005

ORDER:

Rajaka Jana Sangham, represented by its President, filed the present writpetition seeking a writ of mandamus declaring the action of the respondents in notleasing out fishing rights in the tank known as Thummala Cheruvu situated inR.S.No.19 of Mupparthipadu Village, Ganapavaram Mandal, West Godavari District,as illegal and arbitrary.

The petitioner statedly is espousing the cause of 30 Rajaka families ofMupparthipadu Village, who eke out their living by caste profession. According tothe petitioner, Thummala Cheruvu, one of the three tanks in the Village, was setapart by the Gram Panchayat for the purpose of washing clothes, and thereafter since 1400 Fasli, the same is being leased out to the petitioner-Sangham/Rajakasfor fishing purpose. It is the case of the petitioner that though it submitted arepresentation on 11.07.2005 to the second respondent requesting to lease out thetank for fishing purpose, no action was taken.

It is not denied before this Court that unless and until a tank in a Village within thejurisdiction of Gram Panchayat is earmarked by the Gram Panchayat by resolutionfor the purpose of washing clothes by the Rajakas, they would not get anypreferential right to seek lease for the purpose of fishing rights as well. In spite ofrepeated queries by the Court, the learned Counsel for the petitioner has not placedany resolution of the Gram Panchayat earmarking Thummala Cheruvu for thepurpose of washing, as alleged in the writ petition. In the absence of any proofplaced before this Court, this writ petition cannot be entertained. However, if the tankis already reserved for the Rajakas for the purpose of washing, their representationmay be considered by the second respondent in accordance with the rules.

The Writ Petition, with the above observation, is dismissed. No costs.

____________

(V.V.S.RAO, J)

28.12.2005vs