THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32518 OF 2011 O R D E R: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of the respondents in not granting lease of fishing rights of Lingamneni Tank, Penugolanu Village, Gampalagudam Mandal, Krishna District as illegal and arbitrary and contrary to G.O.Ms.No.776, dated 31.12.1990. 2. It is stated in the affidavit filed in support of the writ petition that the petitioner Society consists of 62 members and at present, having an area of operation to an extent of Ac.106.88 cents. There are two tanks in the village. One is Ura Cheruvu and another is Lingamneni Cheruvu. From the inception of the society, the concerned Gram Panchayat has been granting fishery rights to the society as per the upset price fixed by the District Collector. All the members of the society are solely depending upon fishing to eke out their livelihood. The rights of Lingamneni tank are being enjoyed by the Gram Panchayat. Basing on the representation of the petitioner Society, the District Collector issued direction to the department of Irrigation to hand over the M.I. Tank, having an ayacut of Ac.106.88 cents in Gampalagudam, to the Fishery Department vide proceedings, dated 21.08.2007. Despite that, the respondents have not granted the fishery rights to the petitioner. So, the petitioner Society filed W.P.No.1029 of 2007 and obtained orders to consider their representation. Then the respondents granted the lease of fishery rights to the petitioner society. Thereafter, the Assistant Director of Fisheries granted lease of fishing rights of Lingamneni tank as per G.O.Ms.No.776, dated 31.12.1990, for a period of two years by fixing the rentals i.e., from 01.07.2007 to 31.06.2009 and accordingly, the petitioner Society deposited the lease amount and carried the fishing operation. Further, the Deputy Director of Fisheries granted lease of fishery rights in the departmental tanks for faslies 1419 and 1420 to the petitioner Society. Thus, the society is enjoying the fishery rights in both the tanks i.e., Lingamneni tank and Ura tank, which are in the area of operation of the society. As usual, the petitioner society made a representation to the respondents for grant of lease to Lingamneni Cheruvu and Ura Cheruvu, but the respondents did not choose to grant lease to the society for the current fasli 1420. The petitioner Society already put the seed lings in both the tanks for rearing the fish and the fish is ready for harvesting. As a common practice, the respondents ought to have granted lease of fishery rights to the society for the current year from 01.07.2011 to 31.06.2012. Hence, the present writ petition. 3. Learned counsel for the petitioner Society contended that though the petitioner Society is a genuine Society and was having the leasehold rights from the year 2008 onwards, for political reasons, the respondents are not granting the leasehold rights and hence, he prays to issue a direction to the respondents to grant lease of fishing rights of the said tank for the current year also. 4. On the other hand, learned Assistant Government Pleader appearing for respondents contended that since a representation was received from the Chairman of the committee, the leasehold rights have not been granted to the petitioner Society. 5. It is not in dispute before this Court that the petitioner Society is a genuine Society. Therefore, as per G.O.Ms.No.776, dated 31.12.1990, the leasehold fishing rights have to be given to the genuine Cooperative Society. That is the reason why for the last three or four years, the leasehold fishing rights of the tank in question are being given to the petitioner Society. Hence, there is no impediment for granting the leasehold rights to the petitioner Society. Therefore, the respondents are directed to consider granting of leasehold fishing rights to the petitioner Society and take appropriate decision within a period of two (2) weeks from the date of receipt of a copy of this order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 15th December, 2011 Note:- Furnish C.C. within two days. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.32518 OF 2011 Date:15.12.2011 AMD