IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13251 of 2008 Between: Selam Srinivasa Rao, S/o. Balakrishna, R/o. Ramakrishna Nagar, Chintalapudi, West Godavari District. ..... PETITIONER AND 1 Asst Director of Fisheries, Vijayawada, Krishna District. 2 Fisheries Development Officer, Tiruvuru, Krishna 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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in dispossession the petitioner by 30.06.2008 from the Pedda Tank Situated at Somavaram Village, Chatrayi Mandal, Krishna District as illegal, arbitrary and for a consequential order to declare that the petitioner is entitled to continue leasehold rights of Pedda Tank situated at Somavaram Village, Chatrayi Mandal, Krishna District up to 31.12.2008 pursuant to the Proceedings of the 1st respondent in No.65/B/2005 dated 30.11.2005. Counsel for the Petitioner: MR.V.V.PRABHAKARA RAO Counsel for the Respondents: GP FOR FISHERIES The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.13251 of 2008 ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondents in dispossessing the petitioner from Pedda Tank situated at Somavaram Village, Chatrayi Mandal, Krishna District, is arbitrary and illegal, and for a consequential declaration that the petitioner is entitled to continue as a lessee upto 31.12.2008. To substantiate his claim that a lease was granted in favour of the petitioner for fishing rights in Pedda Tank, he could place before this Court only a notice, dated 30.11.2005 issued by the Fisheries Development Officer, Tiruvuru, Krishna District, under which, he was directed to pay the balance lease amount of Rs.40,500/-. From the said notice, it is clear that the lease was granted by conducting public auction for 1415, 1416, 1417 Faslies i.e., for the period 01.07.2005 to 30.06.2008. No other material is placed before this Court to show that as per the lease granted, the petitioner is entitled to continue as a lessee upto 31.12.2008. In the circumstances, the relief as prayed for cannot be granted. The writ petition is accordingly dismissed. No costs. _______________ 25.06.2008 VGB