THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. Nos. 15190 & 15604 of 2007 and 3019 & 9948 of 2009 Common order: The Fishermen Co-operative Society, Dharmajipet, Dubbak Mandal, Medak District (hereinafter referred to as “the Society”), was formed in the year 1973. The Society has on its rolls 97 members, who belong to “Bestha” community. The Society has an operational area over 11 tanks in an extent of 195.35 hectares. While so, some persons belonging to “Mudiraj” community made application for enrolling them as members of the Society. The said request having been rejected, the members of “Mudiraj” community filed writ petition in W.P. No. 17903 of 1996, and this Court by order dated 28.08.1996 directed their admission as members of the Society. Then the Society filed review W.P.M.P. No. 26896 of 1996, and this Court by order dated 15.10.1996, disposed of the review petition directing the Regional Director of Fisheries to consider the representation dated 05.07.1996 after providing opportunity of hearing to the petitioner. Pursuant thereto, the Regional Director of Fisheries, vide proceedings dated 07.02.1997 considered the representation and rejected the same and directed the Assistant Director of Fisheries to take action for admission of eligible members of “Mudiraj” community as members of the Society, after conducting skill test. While so, the petitioner filed revision petition before the Government, who vide orders passed in Memo dated 05.07.1997, ordered as follows: a) The Director of Fisheries, A.P., Hyderabad, is requested to obtain the correct water spread area certificate of Peddacheruvu of Dharmajipet from the District Collector, Medak. b) As per the orders of the Hon’ble High Court the skill test be conducted to all the Fishermen who are depending on the fishing activity. c) Also to conduct the enquiry regarding the bogus membership in the Society and to take action to remove them as per the Act. d) To select the new members as per the skill test norms of the Department and as per the provisions of the Act and Rules. If the number of members is more than water spread area, the poorest of the poor among the fishermen may be admitted as members of the Society. In pursuance of the above orders of the Government, the water spread area was ascertained, and thereafter, the members of “Mudiraj” community were subjected to skill test. In the skill test, 32 persons qualified, and based on the result of the skill test, the Government issued orders in Memo dated 30.07.2001, ordering admission of the said 32 persons belonging to “Mudiraj” community (hereinafter referred to as “unofficial respondents” as members of the Society. Questioning the said order, the Society filed writ petition in W.P. No. 20014 of 2001. This Court while setting aside the orders in the Memo dated 30.07.2001, directed of the Government to give opportunity to the Society and the affected parties and dispose of the matter. Thereafter, the Government, after hearing the Society and the unofficial respondents, passed orders in Memo dated 09.01.2002, which reads as follows: After going through the copies of the earlier report of Mandal Revenue Officer, Dubba, wherein he has stated that all the tanks that were spread over 10 Gram Panchayats are small kuntas, which does not contain any water except the Peddacheruvu, which is having an extent of 171.10 acres and the said water spread area is not even sufficient to the existing members as per the standard scales fixed by the Department, the Government see no possibility for enrolment of new members in the Society and in the result, the petition filed by the FCS Dharmajipet is hereby allowed. Admittedly, the unofficial respondents, did not question the orders issued by the Government in the above Memo dated 09.01.2002, which held that since the water spread area is not sufficient for the existing members as per the standard scales fixed by the Department, there is no possibility for enrolment of new members in the Society. The said order having not been challenged by the unofficial respondents attained finality. Thereafter, a letter was addressed to the District Collector, Medak, for ascertaining the correct water spread of the tanks existing in the area of operation of the Society. Pursuant thereto, the District Collector, Medak, vide letter dated 03.09.2002, directed to approach the Executive Engineer, I & CAD, I.B. Division, Siddipet. Thereupon, the Executive Engineer, has given the water spread areas of IB Tanks existing in the area of operation of the Society vide letter dated 04.01.2003 – Peddacheruvu as Acs. 278.00 and Chintalacheruvu as Acs. 70.23. The Commissioner of Fisheries, A.P. Hyderabad, vide Memo dated 03.11.2004, held that the question of admitting 32 members in the Society is not possible, and requested to come up with fresh proposal for admission of members as and when the tanks are filled with water. Thereafter, the Commissioner of Fisheries, vide Memo dated 29.11.2006 along with Government Memo dated 27.10.2006 called for report with regard to enrolment of members to the Society. Accordingly, the Assistant Director of Fisheries, vide letter dated 13.02.2007 submitted details after obtaining information from the Mandal Revenue Officer and Executive Engineer, IB Division. While the matters stood thus, the Government vide orders dated 24.05.2007, referring to the Government Memo dated 14.09.2004, letter dated 05.10.2006 of the Chairman, A.P. State Minorities Finance Corporation Limited, Hyderabad, and letter dated 26.03.2007 of the Commissioner of Fisheries, issued orders permitting the Commissioner of Fisheries to admit 32 members (unofficial respondents) into the Society. In pursuance thereof, the Commissioner of Fisheries issued orders in Memo dated 05.06.2007 directing the Assistant Director of Fisheries to take action for admission of the unofficial respondents as members of the Society. Praying directions to the official respondents, to implement the orders issued by the Government in Memo dated 05.06.2007, the unofficial respondents filed writ petition in W.P. No. 15190 of 2007, while the Society filed writ petition in W.P. No. 15604 of 2007 questioning the orders dated 24.05.2007, issued by the Government, permitting the Commissioner of Fisheries to admit the unofficial respondents as members of the Society. This Court by order dated 17.07.2007 though admitted W.P. No.15190 of 2007 filed by the unofficial respondents, did not grant any interim order. However, by order dated 23.10.2007, this Court while admitting W.P. No. 15604 of 2007 granted interim suspension of the orders issued by the Government in dated 24.05.2007. Inasmuch as despite suspension of the order dated 24.05.2007 of the Government, the official respondents did not give fishing rights, the Society filed writ petition in W.P. No. 3019 of 2009, and this Court by order dated 17.02.2009 directed the official respondents to consider grant of fishing rights for the year 2008-09 in favour of the Society. Pursuant to the said order, the official respondent, vide orders dated 21.04.2009, granted fishing rights in favour of the Society. When the Society in pursuance of the orders dated 21.04.2009 sought to fish, the unofficial respondents objected. Therefore, the Society filed writ petition in W.P. No. 9948 of 2009 praying to accord police protection for exercising their fishing rights. This Court, by order dated 13.05.2009, while admitting the writ petition, granted interim directions to the official respondents to accord protection to the Society to conduct fishing operations in the water bodies of Dharmajipet, in pursuance of the orders dated 21.04.2009 of the official respondents, whereunder fishing rights were granted in favour of the Society. However, the official respondents did not take any steps to provide police protection to the Society citing law and order problem and filed petition praying to vacate the interim order. Given the nature of disputes between the Society and the unofficial respondents, with respect to exercising of fishing rights in the water bodies in Dharmajipet, the settlement for which they have been fighting litigation for the last more than fifteen years, this Court upon hearing the counsel for the Society, the learned Assistant Government Pleader for Fisheries for the unofficial respondents and the learned counsel for the unofficial respondents, to give a quietus to the litigation between them, suggested the counsel appearing on behalf of the Society as well as the counsel for the unofficial respondents, to arrive at an amicable settlement, whereunder both the Society and the unofficial respondents can exercise fishing rights over the water bodies in Dharmajipet. The learned counsel for the Society and the learned counsel for the unofficial respondents, having consulted their clients, have filed separate affidavits, arriving at an amicable settlement, which are placed on record. The summary of the settlement arrived at by them is that there are about eleven water bodies in the area of operation of the Society, of which Pedda cheruvu and Chintala cheruvu, with water spread area of 113.24 and 70.23 acres, are large ones, while the water spread area of nine other tanks, range between 7 and 43 acres. The Society decided to retain Pedda cheruvu within its area of operation with exclusive fishing rights for its members. The Society while disagreeing to admit the unofficial respondents into the Society, agreed to give away Chintala cheruvu and nine other small water bodies to the unofficial respondents, with liberty to the unofficial respondents to form separate Society. To facilitate forming of a separate Society by the unofficial respondents, the Society agreed to pass a resolution deleting Chintala cheruvu and nine other small tanks from its area of operation immediately. The unofficial respondents are at liberty to form a separate Society bringing Chintala cheruvu and nine other small tanks into their area of operation and enjoy exclusive fishing rights. Both the Society and the unofficial respondents have agreed that they have relinquished their rights and will not claim any fishing rights in the water bodies that have not fallen in their area of operation, and that each of them will enjoy exclusive fishing rights in the area of operation of the water bodies that fell to their respective shares. The learned counsel for the unofficial respondents submitted that Chintala cheruvu is on the upstream and as water would flow down stream and into Pedda cheruvu, there is need to construct a bund over Chintala cheruvu, as otherwise, no water will be left in Chintala cheruvu. The learned Government Pleader for Fisheries responding to this submission of the counsel for the unofficial respondents submitted that the matter relating to construction of bund is within the purview of the Irrigation Department and that the Fisheries Department will take up this issue of construction of bund with the Irrigation Department, if any such request is made by the unofficial respondents. Hence, the unofficial respondents are directed to make appropriate representations to the officials of the Fisheries Department as well as Irrigation Department, requesting them to put a bund on Chintala Cheruvu. If any such representations are made, the officials of the Fisheries Department shall take up the issue with the officials of the Irrigation Department, who shall consider and take appropriate decision for raising a bund over Chintala Cheruvu, so as to avoid disputes between the Society and the unofficial respondents, and to facilitate the unofficial respondents, to enjoy the tanks that fell to their share under this arrangement. The Fisheries Department/Co- operative Department, are directed to take necessary steps enabling the unofficial respondents form a new society with the tanks that fell to their share. In view of the above settlement reached by the Society and the unofficial respondents, the Society is at liberty to take out fish from the Pedda cheruvu, and more particularly when they are granted fishing rights for the year 2008-09. The unofficial respondents shall not interfere with the fishing rights of the Society in Pedda cheruvu. Accordingly, W.P. Nos. W.P. Nos. 15190, 15604 of 2007 and 9948 of 2009 are disposed of, while W.P. No. 3019 of 2009 is dismissed as having become infructuous. No costs. ________________ N.V. RAMANA, J. Dated: 10th June, 2009. KSR