IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION NO.18060 OF 2009 TUESDAY, THE EIGHTH DAY OF SEPTEMBER, TWO THOUSAND AND NINE Between: Rayabhupalapatnam Rajaka Sangam, Rayabhupalapatnam, Peddapuram Mandal East Godavari District. .... Petitioner. And: The District Collector, East Godavari and 2 others ....Respondents. THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.18060 OF 2009 ORDER: The matter is coming up for admission. The learned Assistant Government Pleader for Revenue takes notice on behalf of the 1st respondent. The learned Assistant Government Pleader for Fisheries takes notice on behalf of the 2nd respondent and Sri M. Prabhakara Rao had taken notice on behalf of the 3rd respondent on 28.08.2009 and requested time to get instructions. This Writ Petition is filed seeking a writ of mandamus to declare the action of the respondents in not granting leasehold rights of fishing in Raghavamma tank set apart for washing of cloths in an extent of Ac.3.00 cents situated in Survey Nos.130 and 131 of Rayabhupalapatnam, Peddapuram Mandal, East Godavari District as illegal, arbitrary and pass such suitable orders. It is stated that the petitioner is a Society registered under the provisions of the Societies Registration Act and the members of the petitioner society are exclusively Rajakas in Rayabhupalapatnam village, Peddapuram Mandal,East Godavari District. It is stated that the Rajakas of the village have been washing cloths in Raghavamma Tank situated in Survey No.130 and 131 from times immemorial. Though the members of the petitioner Sangham have been washing cloths in the said tank customarily, nobody objected for the same including the GramPanchayat. The petitioner Sangham has been requesting the authorities to allot some portion of the Raghavamma tank exclusively for washing of cloths by forming separate bunds. Accordingly, the Gram Panchayat was pleased to form a separate tank by raising bunds in an extent of Ac.3.00 cents in Raghavamma Tank for the purpose of washing cloths by Rajakas in the year 2003. It is stated that the Gram Panchayat after passing the resolution dated 27.3.2008, the petitioner is also entitled to get the lease of fishing rights along with the washing rights in the said tank. While things stood thus, the 4th respondent has removed the implements of the members of the petitioner Sangham on the bunds of the tank and preventing them from doing so. It is further stated that the Gram Panchayat is duty bound to grant lease hold rights of fishing in the water sources vested in it to the local Rajaka Sangham without public auction. The previous lease granted by the Gram Panchayat to individuals has expired by 30.06.209. The Gram Panchayat had not taken any steps whatsoever. Several details had been narrated in paras 2 to 6 of the affidavit filed in support of the writ petition. G.O.Ms.No.802 L.A Department dated 24.9.1954,G.O.Ms.No.343, P.R., dated 10.04.1978 and also Memo dated 21.01.1982 had been specifically referred to, in para 5 of the affidavit. It is stated by the learned standing counsel representing the 3rd respondent that in terms of G.O.Ms.No. 343, P.R., dated 10.04.1978, the case of the petitioner may have to be considered. In the light of the facts and circumstances, this Court is of the considered opinion that the writ petition can be disposed of by giving liberty to the petitioner to make an appropriate representation to the 3rd respondent within a period of two weeks from the date of receipt of copy of this order and let the 3rd respondent consider the same in accordance with law thereto in the light of G.O.Ms.No. 343, P.R., dated 10.04.1978, within a period of four weeks thereafter. The Writ Petition, is disposed of, accordingly. No order as to costs. _______________ P.S.NARAYANA, J September 08, 2009 Note: Issue CC in 2 days. //BO// GK. THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION NO.18060 OF 2009 DATE:08.09.2009 GK.