THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.23070 of 2011 Dated 17th August, 2011 Between: The Fishermen Cooperative Society …Petitioner And The Deputy Director of Fisheries, Nalgonda, and others …Respondents Counsel for the petitioner: Sri M.V.Giri Prasad Counsel for respondent Nos.1, 2, & 4: AGP for Fisheries Counsel for respondent No.3: AGP for Revenue The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.2 in issuing notice bearing No.15/B/2010, dated 28.07.2011, as illegal and arbitrary. The petitioner is a Fishermen Cooperative Society, which is being granted fishery rights over two tanks, which included the tank called Chowta Cheruvu. The leases are granted on the premise that the said tank is situated within the limits of Kommala Village to which the petitioner’s area of operation extends. It appears, some of the villagers of Adivemla approached respondent No.2 with a certificate issued by respondent No.3 that Chowta Cheruvu falls within the Adivemla Gram Panchayat limits and therefore, respondent No.2 has called upon the petitioner to produce the certificate from respondent No.3 to show that the said tank is situated within the limits of Kommala Village. In my opinion, respondent No.2 has committed a serious error in insisting on the petitioner to produce certificate from respondent No.3. As evident from the impugned notice, the Mandal Revenue Officer has issued a certificate stating that the tank is situated within the village limits of Adivemla. A certificate having already been granted by the Mandal Revenue Officer, respondent No.2 cannot expect a different certificate from him. The petitioner can only be called upon to produce the relevant material to show that the certificate issued by the Mandal Revenue Officer is incorrect. Besides the material that may be placed by the petitioner, respondent No.2 can also call for relevant material from respondent No.3 and decide whether the tank in question falls within the limits of Kommala Village or Adivemla Village. Respondent No.2 is accordingly directed to give an opportunity of personal hearing to the President of the petitioner-Society to produce the relevant material in support of its plea that the tank in question is situated within the limits of Kommala Village. Respondent No.2 is also directed to call for relevant record from respondent No.3 and satisfy himself as to the village in which the tank in question is situated. He shall thereafter take a decision and communicate the same to the petitioner. In the event, the decision taken by respondent No.2 is adverse to the petitioner’s interests, it shall be free to avail appropriate remedy in accordance with law. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.28222 of 2011 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 17th August, 2011 VGB