IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 807 of 2009 Between: Fishermen Co-operative Society, Kakani (V), Narasaraopet (M), rep. by its President T.Gurumurthy S/o.Kotaiah, Guntur District. ..... PETITIONER AND 1 The Commissioner of Fisheries Department, A.P., at Hyderabad. 2 The Deputy Director of Fisheries, Guntur, Guntur District. 3 The Assistant Director of Fisheries, Guntur District, at Guntur. 4 The Fisheries Development Officer, A.P., Vinukonda, Guntur District. .....RESPONDENT(S) 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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 3rd respondent who issued proceedings No. R.C.No.76/C/2008 dated -12-2008 calling the ineligible individuals for participating in the open auction of the fishing rights of Kakani Minor Irrigation Tank and allowing the individuals open auction even the recognized and eligible society i.e., the writ petitioner herein is very much available in the village, as illegal, improper, un constitutional, violating the rights of petitioner society which was guaranteed by the Constitution of India, while directing the respondents to follow the Government Orders in G.O.Ms.No.776 Food and Agriculture Dept. dated 31.12.1990 and accord fishing rights to Kakani Minor Irrigation Tank by dissolving the public auction scheduled on 28.01.2009 or in any other subsequent date(s) and grant fishing leasehold rights of Kakani Minor Irrigation Tank to the petitioner society itself as it is only the genuine one to hold the said rights and pass. Counsel for the Petitioner:MR.K.INDRA REDDY Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : ORDER : This Writ Petition is filed seeking a mandamus declaring the action of the respondents more particularly the third respondent in issuing proceedings No.R.C.No.76/C/2008, dated 12.12.2008 calling the ineligible individuals for participating in the open auction for the fishing rights of Kakani Minor Irrigation Tank and allowing the individuals in the open auction, though the recognized and eligible societies i.e., the petitioners herein are available to participate in the auction, is arbitrary and illegal and consequently direct the respondents to follow the Government Order in G.O.Ms.No. 776, Food and Agriculture Department, dated 31.12.1990 and accord fishing rights of Kakani Minor Irrigation Tank to the petitioner by dissolving the public auction scheduled on 28.01.2009. 2) It appears, earlier, petitioner herein filed a writ petition in W.P.No.11612 of 2008 and the same was disposed of by an order dated 30.09.2008 directing the authorities to take immediate steps to put the fishery rights in the tank to auction and take further steps in accordance with law. This writ petition is filed at the time when the authorities proposed to conduct auction for fishing rights of Kakani Minor Irrigation Tank on 28.01.2009. While admitting the writ petition on 22.01.2009, the respondents were directed to consider the representation purported to have been filed by the petitioner on 10.11.2008 claiming to be genuine fishermen society as per the guidelines laid down in G.O.Ms.No.776, Food and Agriculture Department, dated 31.12.1990 and consider according fishing rights in Kakani Minor Irrigation Tank and pass appropriate order within a period of two weeks from the date of receipt of a copy of the order and further directed that till such time, the results of the auction which is scheduled to 28.01.2009 shall not be published. Now, respondent No.5, who was also a party to the earlier litigation, filed a petition praying to vacate afore said interim order dated 22.01.2009. 4) From a reading of the counter affidavit of the respondent No.5, it came to the light that even on the date when the auction was scheduled to be held i.e., on 28.01.2009, nothing happened and according to the official respondents, the order passed by this court on 22.01.2009 in W.P.M.P.No.1016 of 2009 was coming in their way. However, thereafter, a fresh notification has been issued in R.C.No.76/C/2008, dated 31.01.2009 proposing to conduct the auction on 06.02.2009. Therefore, the respondent No.5 prayed to vacate the interim order passed on 22.01.2009 in W.P.M.P.No.1016 of 2009. 5) Heard the learned counsel for petitioner, learned Counsel for Respondent No.5 and the Government Pleader for Fisheries. 6) At the outset, it appears that the parties to this petition are chronic litigants and they would not permit the authorities to go ahead with the auction, though their rights have already been decided in the earlier litigation. Neither in the writ petitions filed earlier nor in this writ petition, the rights of the petitioners are marred. The petitioner as well as respondent No.5 is entitled to participate in the auction to be held on 06.02.2009 or on any future date to which the auction is postponed. It is for the authorities to decide as to whether the participating societies are genuine or not as required under G.O.Ms.No.776, Food and Agriculture Department, dated 31.12.1990 and allow them to participate in the public auction as per law. 7) With the above observations, the writ petition is dismissed and the interim order passed in W.P.M.P.No.1016 of 2009, dated 22.01.2009 shall stand vacated. There shall be no order as to costs. ____________ C.V.RAMULU, J FEBRUARY, 6, 2009 KSH