IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11723 of 2008 Between: Veeranna Kanupuru Fisherman Co-operative Society, (F.No.33) Kanupuru Village, Venkatachalam Mandal, Nellore Distric. rep. by its Elected President K.Venkata Subbaiah, S/o. K.Narasaiah, Aged: 52 years, Kanupuru Village, Venkatachalam Mandal, Nellore District. ..... PETITIONER AND 1 The District Collector, Nellore District, Nellore . 2 The Joint Director of Fisheries, Nellore. 3 The Assistant Director of Fisheries, Nellore 4 The Revenue Divisional Officer, Nellore, Nellore District. 5 The Fisheries Development Officer, Nellore. .....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 particularly one in the nature of writ of Mandamus declaring the action of the respondents in prohibiting the petitioner's fisherman co-operative society from catching the fish in the tank pursuant to the lease granted by the 2nd respondent vide proceedings no. 1133/A4/2007, dt. 28.03.2008 and fishing orders issued by the 5th respondent in Rc.No. 15/2008, dt. 24.05.2008, by issuing impugned prohibitory orders vide Lr.No. 15/2008, dt.28.05.2008 and letter No. 15/2008, dt. 30.052008 issued by the 5th respondent on the alleged oral instructions of the respondents 1 to 4, as illegal, arbitrary, and consequently set aside the same. Counsel for the Petitioner: MR.K.RATHANGA PANI REDDY Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 11723 of 2008 O R D E R: This writ petition is filed seeking a declaration that the action of the respondents in prohibiting the petitioner-society in catching the fish in Veerannakanupuru P.W.D. Tank, Venkatachalam Mandal, Nellore District pursuant to the lease granted by the second respondent vide proceedings dated 28-03-2008 is arbitrary and illegal. The fact that lease was granted in favour of the petitioner-society is not in dispute. Pursuant thereto, the fifth respondent has also passed fishing orders on 24-05-2008. However, the impugned proceedings were issued on 28-05-2008 by the fifth respondent requesting the Station House Officer, Venkatachalam not to allow anybody to catch the fish in the Veerannakanupuru P.W.D. Tank, Venkatachalam Mandal, Nellore District stating that in view of certain disputes raised, a meeting was proposed to be conducted on 30-05-2008 at 10.00 a.m. and till a decision is taken in the said meeting, nobody should be allowed to catch the fish. The said order is followed by a letter dated 30-05-2008 in which the Station House Officer was further requested not to allow anybody to catch fish until a decision is taken by the Higher Authorities to conduct fishing in Veerannakanupuru P.W.D. Tank, Venkatachalam Mandal, Nellore District on the basis of the decisions taken in the meeting held on 30-05-2008. The said action of the respondents is challenged in this writ petition, contending inter alia that having granted the lease to the petitioner-society, the fifth respondent ought not to have issued the prohibitory order on the basis of the alleged oral instructions by the respondents 1 to 4. It is also stated by the petitioner that pursuant to the lease orders granted, the petitioner-society has paid the lease amount of Rs.7,100/- in the month of March 2008 itself apart from spending Rs.2,25,000/- towards expenditure for fish rearing. I have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents. Learned Government Pleader has placed before this Court the joint report of the meeting conducted on 30-05-2008. A perusal of the said report shows that the meeting was conducted in the office of the Tahsildar, Venkatachalam in the presence of the Revenue Divisional Officer, Nellore, Assistant Director of Fisheries, Nellore, Circle Inspector of Police, Nellore and the Station House Officer, Venkatachalam apart from the members of the two rival groups of the petitioner-society. After hearing the version of both the groups, the committee recommended two proposals for the purpose of catching fish in the tank in question. Thus, it is clear that it is for the District Collector-first respondent to take appropriate decision on the basis of the said report submitted by the said Joint Report dated 31-05-2008. Accordingly, the writ petition is disposed of with a direction to the first respondent to consider the report dated 31-05-2008 of the joint meeting conducted by the Revenue Divisional Officer, Nellore on 30.5.2008 with regard to fishing in Veerannakanupuru P.W.D. Tank, Venkatachalam Mandal, Nellore District for Fasli 1417 and take appropriate decision in accordance with law on or before 18-06-2008. No costs. ______________ G. ROHINI,J Date: 16-06-2008 KLP