IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 18339 of 2001 Between: The Fishermen Co-operative Society Limited, Rep. by its President, S.Sathi Raju S/o.Musalaiah, Kadiyam Village, E.G.District, R/o.Kadiyam, E.G.District. ..... PETITIONER AND 1 The District Colletor, Kakinada, E.G.District. 2 The Assistant Director of Fisheries, Rajahmundry E.G.District. 3 The Divelopment Panchayat Officer, Rajahmundry, E.G.District. 4 The Kadiyam Gram Panchayat, Rep. by its Executive Officer, Kadiyam, E.G.District. 5 Washermen Cooperative Societies, Rep. by its President, Kadiyam, Kadiyam Mandal, E.G.Distrcit. .....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 impugned action of the 1st Respondent in issuing impugned proceedings there by allowing fishery rights in favour of the Washermen Co-operative Society of Kadiyam Village as highly illegal, arbitrary and violative of Art.14 of the Constitution of India apart from declaring the provisions of rules framed under GO.Ms.No.343, Dt.10/04/78 so far as it relates to empowering Grampanchayat to award lease rights in favour of Washermen Cooperative Society as illegal, arbitrary and contrary to law apart from contrary to the Andhra Pradesh Grampanchayath Act and consequently direct the respondents to award lease of Fishery Rights in Favour of the Petitioner Society and pass such other order. Counsel for the Petitioner:SMT.BOBBA VIJAYALAKSHMI Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18339 OF 2001 ORDER 1. The petitioner is a Fishermen Co-operative Society represented by its President. In the year 1978, the petitioner society has been given fishing rights in Peddacherve by Kadiam Grampanchayath. The extent of Peddacherve is about Ac.05-00. Lease came to be renewed from time to time and the last renewal was upto 30-6-2000. The petitioner society submitted an application for renewal of the lease. While so, the Kadiam Grampanchayath-4th respondent passed resolution, dated 19-7-2000 earmarking Peddacherve tank for Washerman Cooperative Society. The petitioner’s society filed W.P.No. 15353 of 2000 assailing the action of the 4th Respondent. The said writ petition ended in dismissal on 2-3- 2001. The petitioner’s Society made a representation to the District Collector and the District Collector called for report from Mandal Revenue Officer. Thereupon the Mandal Revenue Officer submitted a report dated 2- 8-2000. The petitioner society filed W.P.No. 7357 of 2001 seeking a direction to the District Collector-2nd respondent to take appropriate action on the representation made by it on 24-7-2000 in the light of the report submitted by the Mandal Revenue Officer, Kadiam. The said writ petition came to be disposed of on 18-4-2001. The order passed in the writ petition reads as hereunder: “ Having regard to the facts and circumstances of the case, I consider it appropriate to direct the District Collector, Kakinada to dispose of the representation dated 24-7-2000 by duly taking into consideration the report submitted by the Mandal Revenue Officer dated 28-7-2000 and such other material available on record as the District Collector may consider fit and proper in the circumstances of the case. An appropriate decision in this regard shall be taken by the District Collector within three weeks from the date of receipt of a copy of this order. There shall be an order accordingly. The writ petition is accordingly disposed of”. 2. The District Collector considered the representation dated 24-7- 2000 and proceeded to reject the same while according lease hold rights of fishing in favour of Washermen Co-operative Society in terms of resolution passed by the Kadiyam Grampanchayat. 3. The District Collector passed an order keeping in view of the rules framed by the Government with regard to leasing fishing rights in irrigation tank. The Government framed rules with regard to leasing of fishing rights in minor irrigation tanks, other tanks and other sources and published the same in G.O.Ms.No.343 P.R.dated 10-4-1978 and G.O.Ms. NO. 364, dated 28-5-1981. The petitioner’s society has filed this writ petition questioning the validity of the Rule 3(a) (ii) of the Rules where under fishing rights over the tanks meant for washing should be leased out to local washermen society. 4. 4th Respondent filed counter detailing the writ petitions filed by the petitioner earlier and orders therein in para 3 of the counter affidavit. 5. Heard learned counsel for the parties. 6. Learned counsel appearing for the Petitioner’s society submits that the petitioner’s society was granted fishing rights in Peddachervu tank in the year 1978 and therefore, the petitioner’s society is entitled for renewal of the fishing rights after the expiry of the period. A further submission has been made that Rule 3 (a)(ii) of the Regulations set out in G.O.Ms. No. 343, P.R., dated 10-4-1978 reserving fishing rights in the tanks meant for washing clothes to the Washerman Society is unconstitutional. 7. Learned counsel appearing for the Gramapanchayath –4th respondent submits that this Court in Fishermen Cooperative Society, Kuchipudi Vs. Gram Panchayath, Pedapudi[1], and Vavilala Fishermen Cooperative Society Limited Vs. The Vavilala Gram Panchayath[2] upheld the validity of Rule (3) (a) (ii) of the Rules, 1978. Indisputably, the validity of Rule 3(a)(ii) fell for consideration in the second cited case and the said Rule has been upheld. It is explicit from Rule (3) (a) (ii) that fishing rights in the tanks meant for washing clothes should be leased out to the local Washermen Society. 8. In that view of the matter, this writ petition is devoid of merits and it is hereby dismissed. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 10th June, 2009. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 18339 OF 2001 10th June, 2009. [1] 1979 II Andhra Weekly Reporter [2] 1993 ALT Supp. (1) 71 (D.B.)