THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32380 OF 2011 O R D E R: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in not issuing lease orders for fishery rights to the tanks in R.S.Nos.129, 136/1, 136/2 and 147 at Kalakurru Village to an extent of Ac.16.71 cents of Kalakurru Village, Eluru Mandal, West Godavari District as illegal and arbitrary and contrary to G.O.Ms.No.776, dated 31.12.1990. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner Society consists of 61 members and the area of operation is confined to Kolleru lake in the beginning. All the members of the society and their families are solely depending upon fishing to eke out their livelihood. Due to closure of Kolleru lake operations and dismantling of fish tanks, all the leases granted to the Fishermen Cooperative Societies were automatically closed through G.O.Ms.No.120 and so, the petitioner Society approached the District Collector by representation, dated 18.06.2007, requesting to lease out the natural fish tank formed in the departmental site in R.S.Nos.129, 136/1, 136/2 and 147 at Kalakurru Village to an extent of Ac.16.71 cents o f Kalakurru Village. In fact, the said site was transferred to the Fisheries Department by the Mandal Revenue Officer, Eluru for the purpose of construction of a large scale fish seed farm at Kalakurru Village for development of fish, but the same has not been constructed due to technical problems. The Deputy Director of Fisheries, Eluru- respondent No.3 issued lease orders for fasli 1418 ending with 30.06.2009 and so also issued lease order for the year 2009-2010. The petitioner Society paid the lease amount, as was fixed by the District Collector, but respondent No.3 has not issued orders for the year 2010- 2011 and the petitioner Society made a representation requesting for grant of lease for the year 2010-2011 along with demand draft for Rs.33,000/-. Inspite of number of representations, no action has been initiated by the respondents. Hence, the Society filed the present writ petition. 3. The grievance of the petitioner Society is that the leasehold rights in respect of the tanks in question have not been given to it and hence, prays to issue a direction to the respondents to accord permission to the petitioner Society to grant leasehold rights of the said tanks for the year 2010-2011. 4. Learned Assistant Government Pleader for Fisheries stated that appropriate decision would be taken by the respondents in accordance with law. 5. Whether the petitioner Society is a genuine society or not and whether the Society is eligible to be given the leasehold rights in respect of the fishing rights of the subject tanks or not have to be decided by the respondents in accordance with law. Accordingly, the respondents are directed to take appropriate decision on the above aspects and pass appropriate orders within two (2) weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 09th December, 2011 Note:- Furnish C.C. within two days. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32380 OF 2011 Date:09.12.2011 AMD