IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.14223 of 2009 Between: Fishermen Co-operative Society, Anajipuram, Penpahad ( M ), Nalgonda District, Rep. by its President Kasaboina Laxmaiah S/o. Venkaiah, Aged: 68 yrs, R/o. Anajipuram (V), Penpahad (M), Nalgonda District. ..... PETITIONER AND 1 The District Collector, Nalgonda, Nalgonda District. 2 The Asst. Director of Fisheries Suryapet, Nalgonda District. 3 The Commissioner Suryapet Municipality Suryapet, Nalgonda District. .....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 Asst. director of Fisheries, Suryapet, Nalgonda district, vide procedings No. 17/E/2009, dated 11.07.2009 on the premise of the order of the Municipal Commissioner, Suryapet, vide Lr.No. E1/137/2009, dated 17-06-2009 as bad, arbitrary and contrary to the G.O.Ms.No. 776, dated 31.12.1990 apart from the fishing order vide lease No. 1/ FDO(S) / 2008-09, dated 03.03.2009 and also offends Articles 14, 19 and 21 of the Constitution of India Counsel for the Petitioner: MS.M.VIDYAVATHI Counsel for the Respondent Nos.1 and 2: GP FOR FISHERIES Counsel for the Respondent No.3: SRI S.NAGESWARA REDDY The Court made the following : ORDER: This writ petition is filed seeking a writ of mandamus declaring the order of the Assistant Director of Fisheries, Suryapet, Nalgonda district, second respondent herein vide Proceedings No. 17/E/2009, dated 11.07.2009 on the premise of the order of the Municipal Commissioner, Suryapet-third respondent herein vide Lr.No.E1/137/2009, dated 17.06.2009, as arbitrary and contrary to G.O.Ms.No.776, dated 31.12.1990 apart from the fishing order vide Lease No.1/ FDO(S) / 2008-09, dated 03.03.2009 and also offends Articles 14, 19 and 21 of the Constitution of India. It is the case of the petitioner-society that it is existing with one tank by name Gandlacheruvu, having an area of operation to an extent of Acs.600.00. Pursuant to the notice issued by the second respondent, the petitioner-society has paid the lease amount of Rs.29,264/-, by way of Challan and D.Ds, dated 31.01.2009, for the year 2008-09. Thereupon, the Fisheries Development Officer, Suryapet has issued the fishing order vide Lease No.1/FDO(5)/2008- 09, dated 03.03.2009 according permission to catch the fish from 31.01.2009 to 30.06.2009. The grievance of the petitioner-society is that when the members of it started fishing operation in the said tank on 26.06.2009 by making all arrangements, the respondents interfered and instructed them to stop the fishing operation. Thereafter, the second respondent, at the instance of the third respondent, has issued the impugned proceedings, dated 11.07.2009 directing the members of the society to stop the fishing operation in the said tank till the end of August. No counter-affidavit is filed on behalf of respondents 1 and 2. A counter-affidavit has been filed on behalf of the third respondent stating that Gandla Cheruvu/Anajipuram Cheruvu is one of the source for supply of drinking water to Suryapet Town; that due to scanty rains the level in the said tank has already depleted and filling of the said tank from Nagarjuna Sagar Canal also may not be possible in the near future since there is no inflows into Nagarjuna Sagar Dam; that some of the members of the petitioner-society resorted to large scale fishing operation in the tank on 16.06.2009, due to which there was heavy pollution and obstruction of supply of drinking water to the city; and that due to low levels of water in Gandla Cheruvu, if fishing activity is carried out, the water will be disturbed and already deposited sediments mix with water and water will become more turbid; and therefore, he requested the concerned authorities for stoppage of fishing operation in the said tank. The learned counsel for the petitioner submitted that in the list of notified tanks, the tank in question is not identified as a source of drinking water to Suryapet Town. The impugned order passed by the Assistant Director of Fisheries, Suryapet, is contrary to the orders of the Collector. It does not indicate any reason, except stating that the President and Members of Fishermen Co-operative Society, Anajipuram and the Municipal Commissioner of Suryapet, requested him to stop the fishing operations. He contended that the impugned order has been issued for extraneous reasons and therefore, cannot be sustained. Since it is contended by the petitioner that the tanks in question is not included in the notified tanks of drinking water for Suryapet Town and that the impugned order has been issued for extraneous considerations, and considering the rival stand taken by the 3rd respondent that the tank in question has been notified as source of drinking water for Suryapet Town keeping in view scarcity of water, and considering the fact that no material is placed before the Court to show that the tank in question is not notified as source of drinking water for Suryapet Town, I deem it appropriate to dispose of the writ petition with the following directions: The first respondent shall ascertain whether the tank in question is notified as source of drinking water for Suryapet Town, and if so, after obtaining necessary instructions from respondents 2 and 3 shall consider whether there is any possibility of allowing the members of the petitioner to conduct fishing operations without obstructing the water supply to Suryapet Town, and pass appropriate orders, within a period of one week from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. N.V.RAMANA, J Date: 20.07.2009 va