IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.15647 OF 2009 Between: The Fishermen Cooperative Society, Chamanpalli, Karimnagar District, Represented by its President, Bojja Tirupathi .... PETITIONER AND The Assistant Director of Fisheries, Karimnagar. ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.15647 OF 2009 ORDER: Heard the counsel. 2. This Court issued Rule Nisi on 11-08-2009. Counter affidavit had been filed. 3. The writ petition is filed for a writ of mandamus or any other appropriate writ or writs, order or direction, declaring action of the respondent in not granting fishing rights in favour of the petitioner society, for the fishing year 2009-2010, in respect of tanks which are in the area of operation of petitioner society, as illegal and arbitrary and consequently to direct the respondent forthwith to grant lease in favour of the petitioner society, for the fishing year 2009-2010, by considering the application dated 04-07-2009 made by the petitioner society for grant of lease in respect of the tanks which are in its area of operation. 4. It is stated that the petitioner is a registered Fishermen Co- operative Society and the members of the petitioner society are solely depended on the income derived by catching and vending of the fish. 5. It is also stated that there are two tanks in the area of operation of petitioner society. The respondent herein, who is the competent authority, had been granting lease in favour of the petitioner society from time to time, every year, in respect of the said tanks. Even for the present fishing year of 2009-2010, petitioner filed an application on 04- 07-2009 before the respondent herein for grant of lease. Though the same was received by him, in spite of lapse of nearly four weeks, no action had been taken on the said application. As fish had become ripe for harvest and the water is also low in the tanks, the season is good for sale of fish. But the respondent herein, for reasons best known to him, is not granting lease in favour of the petitioner society for the fishing year 2009-2010. Even during the last fishing year, the respondent did not grant lease in favour of the petitioner society and only on approaching this Court by filing W.P.No.3055 of 2009, pursuant to the directions of this Court, the lease was granted to the petitioner society for the fishing year 2008-2009. In view of non- granting of lease in favour of the petitioner society, the members of petitioner society are unable to carry out fishing operations. Meanwhile, if heavy rains come, the entire fish would be washed away and the members of petitioner society would suffer irreparable loss and injury. 6. It is further stated that inaction on the part of the respondent is illegal. The respondent is sitting over the matter without granting lease in favour of the petitioner society. As stated above, the season is good for sale of fish and due to the inaction on the part of respondent the members of petitioner society are made to suffer. Even though nearly four weeks have elapsed, since the date of making application by the petitioner society, the respondent is yet to consider the same and grant lease in favour of the petitioner society in respect of the tanks in its area of operation. In such circumstances the present writ petition had been filed. 7. A counter affidavit had been filed denying the averments made in the affidavit filed in support of the writ petition. It is stated that only one tank i.e., Rajasamudram Cheruvu of Chamanpalli Village is department tank and another one is Grampanchayat tank. The Assistant Director of Fisheries is not competent authority to lease out the tank. As per another, the Commissioner of Fisheries Andhra Pradesh Memo.No.9020/C2/06, dated 04-10-2006, the Deputy Director of Fisheries, Karimnagar, who is the District Fisheries Officer, is the competent authority as the powers of confirmation of lease, permission to conduct open auction and permission for grant of licenses for fishing rights have to be invariably exercised by the District Head of Fisheries Department only. The petitioner stated that he filed an application on 04-07-2009 for grant of lease and in spite of lapse of nearly four weeks no action had been taken on the said application and the respondent is not granting lease in favour of the petitioner society for the fishing year 2009-2010. 8. It is further stated that the Government vide G.O.Rt.No.317 Animal Husbandry, Dairy Development & Fisheries (Fish.II) Department, dated 14-05-2004 permitted to lease out the tanks for five years period from 01-07-2004 to 2009, instead of two years i.e., from 01-07-2003 to 30-06-2005. The lease period expired by 30-06-2009 i.e., for 2008 – 2009 i.e., Fasli 1418. Now the tank cannot be leased out for 2009-2010, as permission is not received from the Government. In response to the application made by the petitioner, respondent addressed vide letter No.577/C/2008, dated 18-07-2009 to the Deputy Director of Fisheries, Karimnagar who is authority to grant lease and it is stated that the respondent is holding the additional charge of Deputy Director of Fisheries, Karimnagar. The Commissioner of Fisheries, Andhra Pradesh, Hyderabad vide Lr.No.2978/C2/08, dated 29-06- 2009 requested the Government to accord permission to lease out the tanks vested with Fisheries Department for a further period of five years i.e., from Fasli 1419 i.e., 01-07-2009 to Fasli 1423 i.e., 30-06- 2014. The permission is awaited from the Government of Andhra Pradesh. The petitioner stated that the respondent did not grant lease in favour of the petitioner society and on approaching this Court by filing W.P.No.3055 of 2009, pursuant to the directions of this Court, the lease was granted to the petitioner society for the fishing year 2008- 2009. In view of non-granting of lease in favour of the petitioner society the members of petitioner society are unable to carry out fishing operations. 9. It is also stated that due to dispute in society regarding membership, the Myakala group represented to the District Collector, Karimnagar and Commissioner of Fisheries, Andhra Pradesh, Hyderabad requesting for department fishing in Rajasamudram Cheruvu. As per the instructions of the District Collector a detailed note was submitted to the District Collector dated 05-02-2009 and vide Lr.No.246/D/2005, dated 10-02-2009 to the Commissioner of Fisheries, Andhra Pradesh, Hyderabad explaining the issue and for further orders. Meanwhile, the petitioner approached this Court. As per the directions of this Court in W.P. No.3055 of 2009, the lease of Rajasamudram was granted in favour of Fishermen Co-operative Society, Chamanpally for 2008-2009 and the society carried out fishing operations for the year 2008-2009 i.e., up to 30-06-2009. 10. It is also stated that the petitioner stated that the inaction of respondent i.e., Assistant Director of Fisheries is illegal. The respondent is sitting over the matter without grating lease in favour of the petitioner society. It is stated that the petitioner’s contention is not correct. The respondent is not a competent authority to grant lease to society, but the respondent is holding the additional charge of Deputy Director of Fisheries. The Deputy Director of Fisheries received the copy of letter No.2978/C2/08, dated 29.06.2009 addressed to Special Chief Secretary to Government, Animal Husbandry, Dairy Development & Fisheries Department, Government of Andhra Pradesh, Hyderabad for permission to lease out the tanks vested with Fisheries Department for a further period of five years i.e., from Fasli 1419 i.e., 01-07-2009 to Fasli 1423 i.e., 30-06-2014. As there is no permission from the Government to lease out the tanks for 2009-2010, the request of the petitioner society could not be considered in leasing of Rajasamudram Cheruvu in favour of petitioner society for 2009- 2010 and the respondent had not sat over the matter. 11. It is further stated that the respondent i.e., Assistant Director of Fisheries is not the competent authority to grant lease and the Deputy Director of Fisheries who is the competent authority to grant lease of tank in favour of the petitioner society for this Fishing year 2009-2010 had not received permission from the Government of Andhra Pradesh for granting lease of tanks for 2009-2010. The tank will be leased out to the petitioner society on receiving the permission from the Government of Andhra Pradesh, for the year 2009-2010. 12. It is further stated that the application dated 04-07-2009 made by the petitioner will be considered on receiving the orders or permission from the Government of Andhra Pradesh, for granting lease of tanks to the Fishermen Co-operative Society for the year 2009-2010 i.e., 1419 Fasli. 13. G.O.Rt.No.465 dated 24-09-2009 is placed before this Court and the same reads as here under: “In the G.O. 1St read above, Government have accorded permission to lease out the tanks for a period of 5 years from 01-07-2004 to 30-06-2009. In the letter 2nd read above, the Commissioner of Fisheries, Hyderabad has requested the Government to accord permission to lease out the tanks vested with the Department for a further period of 5 Years from Fasli 1419 to 1423 (i.e., 01-07-2009 to 30-06- 2014). 2. After careful examination of the matter Government hereby accord permission to the Commissioner of Fisheries to extend the lease of the tanks vested with Fisheries Department for a further period of 5 years from Fasli 1419 to 1423 (i.e., 01-07- 2009 to 30-06-2014). 3. The Commissioner of Fisheries, Hyderabad shall take necessary action accordingly.” 14. In the light of the same, this Court is of the considered opinion that the writ petition be disposed of directing the respondent to consider the application of the petitioner dated 04-07-2009 in accordance with law, in the light of the G.O. referred to supra at an early date. 15. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ P.S. NARAYANA, J November 16, 2009 Note: Furnish C.C. of the order within two days B/O.MD