IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.23086 of 2008 Between: Fishermen Co-operative Society, Tana Annavaram, Rep by its President Komma Srinivasa Rao, S/o. Venkateswarlu, aged 30 years, R/o. Tana Annavaram (V), Nuzendla Mandal, Guntur District. ...PETITIONER AND 1 The District Collector, Guntur, Guntur District. 2 The Asst.Director of Fisheries, Guntur, Guntur District. 3 Gram Panchayat, Cheruva Kommupalem Village, Rep by its Sarpanch, Nuzendla Mandal, Guntur District. 4 The Divisional Panchayat Officer, Narasaraopet, Guntur District. 5 Fishermen Co-operative Society, Cheruvu Kommupalem Village, Nuzendla Mandal, Guntur District, Rep by its President. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 3rd respondent by way of intimation to the 2nd respondent dated 23.09.2008 and consequential lease order dated 04-09-2008 s bad, arbitrary and contrary to G.O.ms.No.343, dated 10-04-1978 apart from all cannons of law in the interest of justice. Counsel for the Petitioner: MS.M.VIDYAVATHI Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.23086 of 2008 ORDER: The petitioner is a Fishermen Co-operative Society and its area of operation extends of Tana Annavaram and Inuvolu Villages. The ﬁfth respondent is a similar Society having the village-Cheruvu Kommupalem, in its area of operation. The Gram Panchayat of Cheruvu Kommupalem Village issued proceedings dated 04.09.2008 granting ﬁshery rights in favour of the ﬁfth respondent. The petitioner feels aggrieved by the same. It is stated that in addition to the tanks in Tana Annavaram and Inuvolu Villages, the Chintakunta tank in Cheruvu Kommupalem Village is also within its area of operation. Heard the learned counsel for the petitioner and the learned Government Pleader for Fisheries. From the perusal of the Byelaws of the ﬁfth respondent, it is evident that the entire village of Cheruvu Kommupalem is in its area of operation. The petitioner is said to have been registered subsequent to the registration of ﬁfth respondent. In the Byelaws of the petitioner-Society, the Chintakunta tank of Cheruvu Kommupalem Village is included in the area of operation. On the strength of this inclusion, the petitioner claims preferential rights, vis-à-vis, the tank. This Court is of the view that the controversy, as regards the jurisdiction of the petitioner or the ﬁfth respondent over the tank referred to above, needs to be resolved by the Assistant Director of Fisheries-the Functional Registrar, on a representation being made by the petitioner. This Court cannot undertake adjudication of disputed questions of fact, unless it was preceded by any exercise by the authorities concerned. The Writ Petition is disposed of leaving it open to the petitioner to approach the Assistant Director of Fisheries. As and when any representation is made by the petitioner, the Assistant Director of Fisheries shall issue notice to the ﬁfth respondent and decide as to whether Chintakunta tank of Cheruvu Kommupalem Village is within the area of operation of the petitioner or the ﬁfth respondent. Further steps would depend on such decision. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) 22nd October 2008 RRB