THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.6366 of 2008 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in not issuing fishing order pursuant to the lease granted vide proceedings of the 4th respondent dated 27.10.2007 as arbitrary and illegal. The petitioner is a Fishermen Co-operative Society. It is pleaded that three tanks exist within the area of operation of the petitioner- society and that the respondents have been granting lease in favour of petitioner-society in respect of the said tanks from time to time as per G.O.Ms.No.776 dated 31.12.1990. For the year 2007-08 (1417 Fasli), the 4th respondent vide proceedings dated 27.10.2007 while fixing the lease amount for the above said tanks called upon the petitioner- society to pay the amount so fixed by 5.11.2007. The grievance of the petitioner-society is that though the society in compliance with the said proceedings had paid the required lease amount, the respondents failed to issue necessary orders permitting the petitioner-society to catch the fish. Hence, this writ petition seeking a declaration that the said action of the respondents is arbitrary and illegal. This Court while directing rule nisi by order dated 22.4.2008 directed the respondents to issue fishing order pursuant to the proceedings dated 27.10.2007 in terms of G.O.Ms.No.776 dated 31.12.1990. Though no counter-affidavit is filed on behalf of the respondents 1 to 4, the learned Government Pleader under instructions stated that the members of the petitioner-society were already permitted to catch the fish. The learned Government Pleader also submitted that as a matter of fact, fishing order was not initially issued since the petitioner- society failed to remove the ineligible members from the primary membership of the society in spite of the direction issued by the Deputy Director of Fisheries. The question relating to removal of ineligible members from the membership of the petitioner-society has been considered by this Court in W.P.No.1132 of 2008, which has been allowed by separate order today, setting aside the order of the Deputy Director of Fisheries dated 10.1.2005 impugned thereunder. Since fishing order has already been issued by the respondents in respect of the tanks in question in compliance with the interim order of this Court, no further adjudication is necessary and, accordingly, the writ petition is disposed of. No costs. 14.07.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MSONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.6366 of 2008 Between: Fishermen Co-operative Society Vemulakonda Village, Veligonda Mandal, Nalgonda District, represented by its President Ambati Anjaiah S/o Saianna R/o Vemulakonda Village, Velugonda Mandal, Nalgonda District. ..... PETITIONER AND 1 The Commissioner of Fisheries, Musthya Bhavan, Shanthi Nagar, Vijayanagar Colony, Hyderabad. 2 The Deputy Director of Fisheries, Nalgonda , Nalgonda District. 3 The Assistant District of Fisheries, Nalgonda, Nalgonda District. 4. Fisheries development Office, bhongir, Nalgonda 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not issuing the fishing order pursuant to the lease notice vide Letter No.2 Lease. 2007-2008 dated 27-10-2007 as bad, arbitrary, and contrary to G.O.Ms. No. 776, dated 31-12-1990 and also offends Articles 14 and 21 of the Constitution of India, and pass such other order or orders. Counsel for the Petitioner: Ms. M. VIDYAVATHI Counsel for the Respondents: GP FOR FISHERIES The Court made the following: