HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.23915 of 2011 Date : 29-9-2011 Between: Bodepu Satyanarayana and others .. Petitioners And The State of Andhra Pradesh, represented by its Principal Secretary, Animal Husbandry & Fisheries Dept, Hyderabad and others .. Respondents Counsel for petitioner : Sri K.R. Prabhakar Counsel for respondent Nos.1 & 3: Assistant Government Pleader for Fisheries Counsel for respondent Nos.2, 4, 5 & 6 : -- The Court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the action of the respondents in leasing out fishery rights over Gajapathi Sagaram Cheruvu, Vaddangi village, Bhameni Mandal, Srikakulam (for short “the tank”) in favour of respondent No.6 vide proceedings No.1572/B/2009, dated 12-5-2011 as illegal and arbitrary. The petitioners are residents of Vaddangi village and owning agricultural lands under the ayacut of the tank. They have pleaded that respondent No.3 granted fishery rights to respondent No.6 in an illegal manner and that respondent No.6 has been filling the central outlet (sluice) of the tank with cement concrete. The petitioners feel aggrieved by the said action by pleading that on account of blocking the said central sluice, their rights to irrigate their lands through the water of the tank are seriously affected. Respondent No.3 filed a counter-affidavit wherein it is inter alia stated that the fishery rights were granted to respondent No.6 by following the procedure, that the grant of fishery rights is not causing any impediments for the ayacutdars under the tank in drawing water from the tank for irrigation purpose and that no restrictions are placed for using the water for agricultural and also domestic purposes such as bathing, washing of clothes, cleaning utensils, washing of animals etc. The counter-affidavit denied the allegation that respondent No.6 is employing anti-social elements and threatening the villagers against utilizing the water in the tank; that action is being taken for removal of cement blocks in the middle sluice of the tank and that there is no restriction for free flow of water to the lands of the petitioners. At the hearing, Sri K.R. Prabhakar, learned counsel for the petitioners, made an attempt to convince this Court that the very granting of fishing rights to respondent No.6 is illegal. I am afraid, this issue has no relevance in the context of the grievance expressed by the petitioners, namely, that the fishing activity in the tank may lead to obstruction in the flow of water from the tank affecting irrigation of their lands. Therefore, the issue raised in the Writ Petition is very much confined to the aspect whether the fishing activity permitted in favour of respondent No.6 is affecting the right of the petitioners to irrigate their lands. As noted above, the counter-affidavit of respondent No.3 categorically asserted that there will be no impediment for free flow of water from the tank. However, respondent No.3 has candidly admitted that there are cement blocks in the middle sluice of the tank and that action is being taken for their removal. In the opinion of this court, there cannot be obstruction in the sluices of the tank affecting the irrigation rights of the ayacutdars. Respondent No.3 is directed to ensure that the cement blocks at the middle sluice of the tank are removed forthwith and intimate the same to petitioner No.1 within a period of two weeks from the date of receipt of this order. Subject to the above direction, the Writ Petition is disposed of. As a sequel, interim order dated 2-9-2011 is vacated and WPMP No.29324/2011 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 29-9-2011 AM