Telangana High Court
WP/26810/2006 of Fishermen Cooperative Society, Singabupalem Village, Vs The Commissioner ofFisheries Government of on 28 December 2006
SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO. 26810 OF 2006 Between: Fishermen Cooperative Society, Singabupalem Village rep. by its President. …Petitioner AND The Commissioner of Fisheries Government of Andhra Pradesh at Matsya Bhavan, Shantinagar, Hyderabad and others.
HON’BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITIONNO. 26810 OF 2006
Between:
Fishermen Cooperative Society, Singabupalem Village rep. by its President.
…Petitioner
AND
The Commissioner of Fisheries Government of Andhra Pradesh at Matsya Bhavan,Shantinagar, Hyderabad and others.
….Respondents
HON’BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITIONNO. 26810 OF 2006
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ORAL ORDER:
The Petitioner is the Fishermen Cooperative Society inSingabupalem Village of Kothagudem Mandal, Khammam District.In this Writ Petition, it seeks direction by way of Mandamus to declarethe action of the respondents in not considering their representationsdated 9.12.2006, 11.12.2006 and 12.12.2006, as illegal and arbitrary,and consequential directions to the respondents to permit them forfishing in Singabupalem Project Tank and Krishna Sagar Tanksituated in Singa Bhoopalam and Nagineniprolu Villagesrespectively of Khammam District.
It is submitted by the learned counsel for the petitioner that theabove said water sources are in the area of operation of thepetitioner-society and the Fisheries Development Officer,Kinnerasani Project, Paloncha Mandal, has already issued demandnotice dated 26.9.2006 in Proceedings No. 31/FDO/KSP/2006, fixingthe lease amount to be paid by the petitioner-society for grant offishing rights for the year 2006-2007. It is the grievance of thepetitioner-society that in spite of payment of the said amount, as fixedby the Fisheries Development Officer, no further orders are beingissued for exploiting the fishing. It is stated in the affidavit filed insupport of the Writ Petition that in view of the fast depletion of waterin the water sources referred above, any further delay in issuingorders for fishing will result great heard-ship and monetary loss to themembers of the petitioner-society.
This Writ Petition was listed for hearing on 26.12.2006 and at the instance of the learned Government Pleader appearing for therespondents, it was adjourned for obtaining instructions. When thematter is called today, even from the Government side, there is noindication of any reason for not issuing orders for fishing, in spite ofpayment of required fee. As much as it is stated that the respondentsthemselves have issued demand notice by fixing the lease amountfor granting fishing rights for the year 2006-2007,and, further, theirrepresentations are pending consideration, I dispose of the WritPetition directing the Assistant Director of Fisheries, Kadapa District,to examine the grievance of the petitioner-society and passappropriate orders for granting fishing rights in Singa BhoopalemProject Tank and Krishna Sagar Tank, which water sources areclaimed to be in the area of operation of the petitioner-society, andcommunicate the same to the petitioner-society, within a period oftwo weeks from the date of receipt of a copy of this order.
Subject to the above direction, the Writ Petition is disposed of. No order as to costs.
________________________
JUSTICE R. SUBHASH REDDY
Date: 28.12.2006KA/Msnr.
Note: CC in three days. (BO) Msnr.