IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 26767 of 2008 Between: N. Madhusudhana Reddy S/o. N. Srinivas Reddy R/o. Near CPR Kalyana Mandapam, Magunta Layout, Nellore. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Department of Fisheries, Secretariat, Hyderabad, Rep. by its Secretary. 2 The District Collector, Sri Potti Sriramulu Nellore District, Nellore. 3 The Commissioner of Fisheries, Andhra Pradesh, Hyderabad. 4 The Joint Director, Department of Fisheries, Nellore. 5 The Assistant Director, Department of Fisheries, Nellore. .....RESPONDENT(S) 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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not extending the lease to conduct fishing operations in Kanigiri Duvvuru Reservoir, situated near Nuchireddipalem, Nellore District on prorata basis for a period of three montsh for which period lease was granted to the petitioner, pursuant to the proceedings No.1224/A4/2006, dated 05.04.2008 issued by the 4th respondent as he could not conduct fishing operations durig the said period due to high water level in the Kanigiri Duvvuru Reservoir and the consequent action of the respondents in not extendig the lease till 30.06.2009 consequent upon the amount of Rs.4,00,631/- paid by the petitioner in favour of the Government pursuant to the assurance given by the 4th respondent, as arbitrary, illegal, unjust and in violation of the Fundamental Rights guaranteed under the Constitution of India and issue a consequential direction to the respondents to extend the lease for a period of six months to enable the petitioner to conduct fishing operations in said Reservoir or in the alternative refund the amount of Rs.3,65,000/- paid by the petitioner pursuant to the proceedings dated 05.04.2008 as well as the sum of Rs.4,00,631/- paid by him on 07.11.2008 pursuant to the assurance given by the 4th respondent along with interest and pass Counsel for the Petitioner:MR.S.SRINIVAS REDDY Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.26767 of 2008 ORAL ORDER: It appears, when the Kanigiri Duvvuru Reservoir Fishermen Cooperative Society, Gandhi Jana Sangham, Sangam Mandal, Nellore district was superceded and was not functioning in view of illegal activities committed by the then President of the Society, the fishing rights were auctioned and the petitioner was declared as highest bidder and vide proceedings dated 5.4.2008 he was granted with fishing rights upto 30.6.2008. However, in view of certain circumstances, since the petitioner could not conduct fishing operations, time was extended further till 31.12.2008. According to the petitioner, he could not conduct fishing operations in view of high water level in the reservoir and therefore, he made a representation to the authorities on 22.11.2008 itself for extension of time for conducting fishing operations, but no action had been taken by the respondents. It is stated that the petitioner has deposited an amount of Rs.3,65,000/- and also Rs.4,00,631/- and in spite of depositing such huge amounts, the respondents have not considered his case permitting him to conduct fishing operations. Now the Kanigiri Duvvuru Reservoir Fishermen Cooperative Society, Gandhi Jana Sangham, Sangam Mandal, Nellore district has been impleaded as party respondent No.6 in the writ petition objecting for grant of lease in favour of petitioner. Under those circumstances, without expressing any opinion on merits, the second respondent is directed to consider and dispose of the representation purported to have been made by the petitioner on 22.11.2008 on its own merits, as per law, after hearing all the parties concerned including the sixth respondent herein, within a period of four weeks from the date of receipt of this order and communicate the same to the petitioner. Till such time, the fishing rights shall not be granted either in favour of petitioner or to implead party petitioner or to any third parties. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU, J Date: 5.2.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.26767 of 2008 5.2.2009