THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32265 OF 2011 O R D E R: This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in issuing Memo No.9428/12/2011, dated 17.09.2011, issued by respondent No.1, Endt.No.T598/2010, dated 04.11.2011, issued by respondent No.2 and letter No.F.D.O.M/2011, dated 14.11.2011, as illegal and arbitrary and consequently direct the respondents to continue the lease of the tanks i.e., (i) Damaracheru, (ii) Mandaramcheru (iii) Erracheru and (iv) Kothacheru of Mahadevpur Village and Mandal, Karimnagar District to the petitioner Society. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner Society consists of 125 members, who are solely depending on the fishing operations in Mahadevpur locality consisting of the aforementioned four tanks. The petitioner Society breaded small fish in the said tanks by taking lease from the department from time to time. The department also issued a notice on 03.09.2010 to take the lease and pay the lease amount in respect of the said tanks. The petitioner Society paid the challan for the lease on 23.12.2010 for the year 2010-2011. Some other persons filed W.P.No.30089 of 2010 against the petitioner Society to enroll them as members in the petitioner Society, but in the General Body meeting held on 20.03.2009, a resolution was passed rejecting to grant membership to those persons in the petitioner Society. The said writ petition was dismissed. Aggrieved thereby, suppressing the dismissal of the said writ petition, one of those persons filed W.P.No.32975 of 2010, but the same was also dismissed with costs. Pursuant thereto, those persons filed an appeal before the Cooperative Tribunal at Warangal and obtained an ex parte order. Aggrieved thereby, the petitioner Society filed W.P.No.24834 of 2011 and obtained interim suspension. During the pendency of this writ petition, the impugned orders were passed by the respondents. The lease period for the petitioner Society is upto 31.12.2011. Hence, the present writ petition. 3. Learned counsel for the petitioner Society contended that for every year, fishing rights have been given to the petitioner Society but the impugned order, dated 17.09.2011, was passed directing the Deputy Director of Fisheries-respondent No.2 not to lease out the tanks of the society on the ground that an appeal is pending on the file of the Cooperative Tribunal, Warangal and hence, he prays to issue a direction to the respondents to consider the case of the petitioner Society for leasing out the fishing rights for fasli 1420. 4. On the other hand, learned Assistant Government Pleader for Fisheries contended that an appeal is pending before the Cooperative Tribunal with regard to admitting genuine members and after admitting them, appropriate decision would be taken by respondent No.2; that there are no grounds to issue a direction to the respondents and prays to dismiss the writ petition. 5. It is not in dispute that the petitioner Society is a genuine society having 125 members. The petitioner society has been given the leasehold rights of the tanks in question from 2008 onwards. By virtue of the impugned order, dated 14.11.2011, respondent No.2 was directed not to give lease to the petitioner Society on the ground that a case is pending on the file of the Cooperative Tribunal. Admittedly, no stay was granted by the Cooperative Tribunal so as to wait for the result of the Tribunal. When there is no impediment and since the petitioner Society is a genuine society, there is no bar for giving the leasehold fishing rights of the said fishing tanks to the petitioner Society. Hence, the impugned orders are set aside and the Deputy Director of Fisheries, Karimnagar is directed to take appropriate decision to give the lease of the tanks to the petitioner Society in accordance with law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 09th December, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32265 OF 2011 Date:09.12.2011 AMD