HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.16949 of 2009 Date : 7-9-2009 Between : Fishermen Co-operative Society (Regd.No.01/QFC/85) rep. By its President Tavidiboyina Nagaiah … Petitioner And The District Collector, Nalgonda District, Nalgonda and others … Respondents THE HON’BLE SRI JUSTICE P.S.NARAYANA W.P.No.16949 of 2009 ORDER: 1. The Writ Petition is filed for a writ of mandamus declaring the impugned order passed by the 1st respondent in procs.No.852/C/2008 dated 24-6-2009 and the consequential Memo No.852/C/2008 dated 24-6-2009 of the 2nd respondent as illegal, arbitrary and contrary to the provisions of the A.P. Co- operative Societies Act and consequently set-aside the same and to pass such other suitable orders. 2. The learned Assistant Government Pleader for Fisheries had taken on behalf of respondents and subsequent thereto the matter was adjourned on a couple of occasions. 3. The instructions obtained from the Assistant Director of Fisheries – 3rd respondent had been placed before the court. 4. Heard Nageswar Rao Palle, the learned Counsel representing the writ petitioner and the learned Assistant Government Pleader for Fisheries representing the respondents. 5. It is stated that the petitioner-Society is a registered society bearing registration No.101/QFC/85 registered under the provisions of the A.P. Co-operative Societies Act. It is further stated that initially there were 39 members in the petitioner-society and gradually the members increased upto 260 and the petitioner-society had been leased out Vooracheruvu which is located in Madhavavaram village of Munagala Mandal, Nalgonda District and the approximate extent of the said Vooracheruvu is around 600 acres. It is further stated that the members of the petitioner-society are raising fish seeds and eking out their livelihood by catching the grown up fish and selling the same in market. The fishermen community is carrying on fishing operations in the said Vooracheruvu for the last more than four decades and subsequent to the formation of the society, the lease of the said Vooracheruvu is being leased out to the petitioner-society and the petitioner-society by paying the requisite lease amount had been conducting the fishing operations without any interruption or interference from anybody else. It is further stated that the 1st respondent vide his order in procs.No.8952/C/2008 dated 23-6-2009 directed the 2nd respondent not to lease out the above said tanks and delete them from the list of tanks to be disposed of by the Fisheries Department w.e.f. 1-7-2009. Basing on the impugned order dated 23-6-2009 issued by the 1st respondent, the 2nd respondent vide his Memo No.852/C/2008 dated 24-6-2009 directed the 3rd respondent to implement the orders of the 1st respondent. In such circumstances, the petitioner approached this Court. 6. The Counsel for the petitioner placed strong reliance on the decision of the learned Judge of this Court in W.P.No.14223/2009 dated 20-7-2009 wherein the learned Judge observed: “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 the 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.” Further it is brought to the notice of this Court that the petitioner-society made a representation dated 20-8-2009 narrating all the facts and circumstances. 7. In the light of the order made by the learned Judge in W.P.No.14223/2009 and also in view of the fact that the representation already had been made to the 1st respondent by the writ petitioner dated 20-8-2009, this Court is of the considered opinion that the Writ Petition be disposed of directing the 1st respondent to ascertain whether the tank in question is a source of drinking water for the residents of the concerned Gram Panchayat and if so after obtaining necessary instructions let the 1st respondent consider whether there is any possibility of allowing the members of the petitioner-society to conduct fishing operations without obstructing such water supply to the said Gram Panchayat and pass appropriate orders after taking into consideration to the representation dated 20-8-2009 within a period of two weeks from the date of receipt of this order. 8. Accordingly the Writ Petition is disposed of. No costs. _________________ Justice P.S.Narayana Date : 7-9-2009 Note: C.C. in two days. AM