IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No.28891 of 2008 Between: Fishermen CO-Operative Society Shankarampet(A) Rep.by its President Sri J.Ganga Ram S/o Sri Keshiah Shankarampet(A)(V) Shankarmpet (M) Medak District ..... PETITIONER AND 1 Assistant Director of Fisheries, Medak Medak District 2 Fisheries Development Officer, Sanga Reddy Division, Medak District 3 Fishermen Co-operative Society Ramojipally Rep.by its President Ramojipally(V) Shankarampet(A)(M) Medak 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 a writ in the nature of Mandamus declaring the action of the respondents in not granting the Fishing rights to the members of the Fisherman Cooperative Society Shankarampally(A) Mandal Medak District for the year 2008-09 as illegal arbitrary unjust and violative of Article 14 of the constitution of India and while issuing while a consequential direction to the respondent No.1&2 to grant fishing right to the members of the Fisherman Coopertive Society Shankarampally(A) to conduct the fishing operation in immayam Tank of Ramojipally(V) Shankarmpally(A) Mandal District for the year 2008-09 in the interest of justice and pass Counsel for the Petitioner:MR.MALIPEDDI SRINIVAS REDDY Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : ORDER: This writ petition is filed seeking a mandamus to declare the action of the respondents in not granting the fishing rights to the members of the Fisherman Cooperative Society Shankarampet (A) Village and Mandal, Medak District for the year 2008-09 as illegal, arbitrary, unjust and violative of Article 14 of the constitution of India, and consequently to direct respondent No.1&2 to grant fishing rights to the members of the Fisherman Cooperative Society, Shankarampet (A) to conduct fishing operations in Immayam Tank of Ramojipally Village, Shankarmpet (A) Mandal, Medak District for the year 2008-09. It appears that before 11.03.2008 the members of the third respondent society were included in the petitioner society. The third respondent society was bifurcated and carved out as independent society called as Fishermen Co-operative Society, Ramojipally with effect from 11.03.2008 and Immayam Tank was allotted to the area of operation of the third respondent society. There is no dispute as to these facts. But, the grievance of the petitioner society seems to be that even before bifurcation of the third respondent society from the petitioner society on 11.03.2008 the petitioner society reared the fish. Therefore, the petitioner society ought to have been permitted to conduct the fishing operations for the year 2008-09. This grievance of the petitioner seems to be only an imaginary and not real one. When the third respondent society was carved out and Immayam Tank was allotted to it as early as on 11.03.2008 everything is supposed to have been ceased to exist in the petitioner society. Therefore, the writ petition is devoid of merits and the same is liable to be dismissed. The writ petition is accordingly dismissed. However, if aggrieved, the petitioner society is at liberty to make an appropriate application before the competent authority. On filing such an application the competent authority shall consider the same and pass appropriate orders as per law. It is needless to say that the stay granted by this Court on 31.12.2008 shall stand vacated. _________________ C.V.RAMULU, J Date: 27.04.2009 va