THE HONOURABLE SHRI JUSTICE R.SUBHASH REDDY WRIT PETITION No. 14625 OF 2007 Dated 17th September, 2007 Between: Rudra Raitu Seva Sangam, Gotlapadu, Bhimavaram Mandal, West Godavari District. …Petitioner And The State of Andhra Pradesh, represented by the District Collector, West Godavari District, Eluru, West Godavari District and others. …Respondents. ORAL ORDER: The petitioner – Rudra Raitu Seva Sangam – is a registered co-operative society and filed this writ petition to declare the action of the respondents in issuing permission to erect Garikattus for C.A.D. Murugu Caluva, Society Akumalla Murugu Caluva, Polimeratippa drain, Adda Murugu Caluva, 60 Acars Murugu Caluva * Kotimoga in favour of 4th respondent as illegal and contrary to the provisions of G.O.Ms.No.50, dated 8.1.1963. It is the grievance of the petitioner-society that all the members of the society are the agriculturists and own agricultural lands in and around Gotlapadu village and there are six drains around the village, namely, 1) C.A.D. Murugu Caluva, 2) Society Akumalla Murug Caluva, 3) Polimeratippa drain, 4) Adda Murugu Caluva, 5) 60 Acars Murugu Caluva and 6) Kotimoga. It is their grievance that in view of the permission granted in favour of 4th respondent to erect the Garikattus across the above said drains, the water is over- flowing into their agricultural fields and crops are being damaged. In the counter affidavit filed by the Assistant Director of Fisheries on behalf of respondents 1 to 3, while admitting the grant of permission for erection of Garikattus in the drains as per G.O.Ms.No.50, dated 8.1.1963, it is stated that fishing was permitted for 1416 Falsi i.e. from 1.10.2006 to 30.6.2007. It is further stated that there is a ban for conducting fishing every year in the above water sources from 1.7.2007 to 30.9.2007 and licence holders will be instructed to remove the Garikattus whenever there are heavy rains and floods in the area. With reference to representation of the petitioner dated 16.10.2006, it is stated that the petitioner was addressed to attend the Office of the Assistant Director of Fisheries, Bhivavaram on 28.8.2007 and enquiry is being conducted. The fourth respondent-society also filed counter affidavit stating that even the members of the petitioner-society converted their agricultural lands into fish tanks and prawn tanks and the allegation that the lands of the members of the petitioner are submerged resulting in destruction of paddy on the said lands is denied. While reiterating that permission was sanctioned after considering the local conditions in accordance with G.O.Ms.No.50, dated 8.1.1963, the fourth respondent prayed for dismissal of the writ petition. Whether the erection of garikattus for which permission was granted in favour of 4th respondent-society would result in submergence of the lands of the members of the petitioner-society is a matter, which is required to be considered by the concerned Department. It is stated that such permission was granted only up to the end of 30.6.2007 from 1.10.2006 and now there is a prohibition for fishing. While it is the case of the petitioner that in view of erection of garikattus there is no free flow of water and the crops of the members of the petitioner-society are being damaged, it is the case of the 4th respondent that the members are not owning any agricultural fields and even their lands were converted into fish ponds. Having regard to the nature of the dispute, it is a matter to be taken note of and enquired by the concerned officer i.e. the Assistant Director of Fisheries before grant/renewal of permission in favour of the fourth respondent. As much as it is stated in the counter affidavit filed by respondents 1 to 3 that pursuant to the representation of the petitioner-society dated 16.10.2006, the petitioner-society was addressed to attend the office and taking into account that there is a prohibition for fishing up to 30th September, 2007, I dispose of the writ petition with a direction that the Assistant Director of Fisheries shall enquire into as to whether erection of garikattus will obstruct flow of water and result in damage to the crops as alleged by the petitioner-society and pass suitable orders for grant of future permissions as to erection of garikattus. Subject to above direction, the writ petition is disposed of. No costs. _____________________ 17-9-2007 R.SUBHASH REDDY, J. VR