IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8996 of 2006 Between: Rachakatla Murali, S/o.Pocham, R/o.Mahadevpur, Karimnagar District. ..... PETITIONER AND 1 The District Collector, Karimnagar , Karimnagar District. 2 The Asst.Director of Fisheries, Fisheries Department, karimnagar. 3 Fisheries Development Officer, Manthani , Karimnagar 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the request and the representation of the petitioner dt.13-04-2006 made to the 1st and 2nd respondent for granting lease hold rights for ﬁshing operations in three tanks in Madevpur Village and Mandal of Karimnagar District and in trying to grant lease to the ineligible persons in the Village as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to grant lease to the petitioner ﬁshermen as was done in the previous years to conduct ﬁshing operations in the tanks of Mahadevpur Village and Mandal, Karimnagar District, and pass such other order or orders. Counsel for the Petitioner:MR.M.RAMALINGESWARA REDDY Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8996 of 2006 ORDER: The petitioner states that himself and certain others were being granted ﬁshing rights in the tanks situated within the limits of Mahadevpur Gram Panchayat. His grievance is that from the year 2006 on wards, the lease is not being granted and that the Gram Panchayat is putting the ﬁshing rights to auction. He claims to have made a representation, dated 13.04.2006, to the District Collector and the Assistant Director of Fisheries, respondents 1 and 2 herein, with a request to grant him lease and complain that no action has been taken thereon. The respondents ﬁled a counter aﬃdavit, admitting that the petitioner and certain others were being granted leases. The tank, in question, was within the area of operation of the Fishermen Co-operative Society, Madevpur, till 1999-2000 and thereafter, ad hoc arrangements were being made, after the village ceased to be within the area of operation of the society. It is stated that the guidelines framed in G.O.Ms.No.776, dated 31.12.1990, are being followed. Heard the learned counsel for the petitioner and the learned Government Pleader for Fisheries. The petitioner states that he belongs to Fishermen Community and himself and others are depending on the professional activity. It is not known as to why the petitioner has not taken any steps to get a society registered. Even assuming that the petitioner has been undertaking ﬁshing operations for the past several years, this Court ﬁnds it diﬃcult to direct the respondents to grant lease to the petitioner in his individual capacity. The Government has stipulated the priorities, to be followed in the matter of grant of leases. As an individual, the petitioner ﬁgures at the last priority. It is only when the petitioner turns out to be the highest bidder in the auction, he can be granted lease. Hence, the writ petition is disposed of, leaving it open to the petitioner to take steps to get a society registered and till then, the respondents shall follow the priorities, that are stipulated by the Government from time to time, in the matter of granting lease to carry on ﬁshing operations in the tank concerned. There shall be no order as to costs. _________ 24.10.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRR} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 8996 of 2006 Date: 24.10.2008