IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO'^ WRIT PETITION NO: 6620 OF 2024 Between: Ambedkar Jalara Sangham, Represented by its President, S.Venkat Rao, R/o. 1-0, Chendurthi Gram Panchayat, Gollaprolu Mandal, Kakinada District. ...Petitioner AND 1. The State of Andhra Pradesh, represented by its Principal Secretary, Home Department, Secretariat Buildings at Velagapudi, Amaravati, Guntur District. The District Collector and District Magistrate, Kakinada District. The Superintendent of Police, Kakinada District. The District Fisheries Officer, Kakinada District. The Asst. Director of Fisheries, Kakinada District. The Fisheries Development Officer, Kakinada District. The Sub Divisional Magistrate and Revenue Divisional Officer, Kakinada Revenue Division, Kakinada District. The Tahsildar, Gollaprolu Mandal, Kakinada District. The Station House Officer, Gollaprolu Police Station, Gollaprolu, Gollaprolu Mandal, Kakinada District. The Srinivasa Fishermen Co-Operative Society Ltd, Represented by its President, Vasamsetti Manikyam S/o. Veeranna, Chendurthi Gram Panchayat, Gollaprolu Mandal, Kakinada District. 2. 3. 4. 5. 6. 7. 8. 9. 10. ...Respondents W V Petition under Article 226 of the Constitution " the circumstances stated i of India praying that in in the affidavit filed therewith, the High Court be pleased to issue a writ or order or direction may more particularly one in the nature of writ of mandamus declaring the high-handed action of the respondents herein in restraining the petitioner society and its members from raising fish In the public tanks admeasuring cents m Sy.No.234 of Chendurthi Village, Gollaprolu District, by issuing the impugned 05.06.2023 and further leasing out the said an extent of Ac.92.20 Mandal, Kakinada proceedings vide Ref. D/447/2023 dated tanks to Respondent No 10 vide Proceedings In Letter No.FDO Uppada/2023 dated 18 04 2023 without the giving the members of the petitioner society an opportunity of being heard and further not allowing the members of the petitioner society to access the said public tanks depriving their sole source of livelihood and Income, despite several representations made by the members of the petitioner society as highly Illegal, arbitrary violative of Principles of Natural Justice unconstitutional, unjust and Rule of Law and violative of Article 14, 19, 21 and 300-A of the Constitution of India and violative of the No.99 dated 01.05.2019 Agri (Fish granted to the Respondent No. 10 procedure contemplated under G.O.Ms. II). consequentially set-aside the lease vide Letter No.FDO Uppada/2023 dated vide Ref. D/447/2023 dated 18.04.2023 and the proceedings 05.05.2023, by further directing the respondents herein to allow the petitioner society and Its members to access and raise fishes In the public tanks Ac.92.20 cents in Sy.No.234 of Chendurthi Kakinada District, by further admeasuring an extent of Village, Gollaprolu Mandal, granting protection to the members of the petitioner society from the uniawful and iiiegai acts of Respondent No. 10. LA NO: 1 OF 207d Petition under Section 151 stated in the affidavit fiied in support of the petition, the High Court pleased to direct the respondents herein CPC praying that in the circumstances may be to allow the petitioner society and Its members to access and raise fishes in the public tanks admeasuring an extent of Ac.92.20 cents in Sy.No.234 of Chendurthi Village, Gollaprolu Kakinada District, by further granting protection to the members of petitioner society from the unlawful and illegal acts of Respondent No. 10 pending disposal of the above writ petition. Mandal the lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in Uppada/2023 dated 18.04.2023 and the proceedings vide Ref. D/447/2023 dated 05.05.2023 pending disposal the above writ petition. Letter No.FDO Counsel for the Petitioner: SMT S V INDIRA Counsel for the Respondents No.i. 3 & 9; GP FOR HOME Counsel for the Respondents No.2, 7 & 8: GP FOR REVENUE Counsel for the Respondent No.10: SRI G.V.SHIVAJI Counsel for the Respondents No.4, 5 & 6: GP FOR FISHERIES The Court made the following order: APHC010123042024 0 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 6620/2024 Between: Ambedkar Jalara Sangham ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner: 1.SV INDIRA Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.G VSHIVAJI 4.GP FOR FISHERIES The Court made the following order: 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.6620 of 2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the high-handed action of the respondents herein in restraining the petitioner society and its members from raising fish in the public tanks admeasuring an extent of Ac.92.20 cents in Sy.No.234 of Chendurthi Village, Gollaprolu Mandal, Kakinada District, by issuing the impugned proceedings vide Ref D/447/2023 dated 05.06.2023 and further leasing out the said tanks to Respondent No. 10 vide Proceedings In Letter No.FDO Uppada/2023, dated 18.04.2023, without giving the members of the petitioner society an opportunity of being heard and further not allowing the members of the petitioner society to access the said public tanks depriving their sole source of livelihood and Income, despite several representations made by the members of the petitioner society as highly Illegal, arbitrary, unconstitutional, unjust and violative of Principles of Natural Justice, Rule of Law and violative of Article 14, 19, 21 and 300-A of the Constitution of India and violative of the procedure contemplated under G.O.Ms. No. 99 dated 01.05.2019 Agri (Fish II), consequentially set-aside the lease granted to the Respondent No. 10 vide Letter No. FDO Llppada/2023 dated 18.04.2023 and the proceedings vide Ref D/447/2023 dated 05.05.2023, by further directing the respondents herein to allow the petitioner society and its members to access and raise fishes in the public tanks admeasuring an extent of Ac.92.20 cents in Sy.No.234 of Chendurthi Village, Gollaprolu Mandal, Kakinada District, by further granting protection to the members of the petitioner society from the unlawful and Illegal acts of Respondent No. 10 3 and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case. ” '9 The torment of the petitioner society is that the society has made 2. an application to the Gram Panchayat for sanction of licence for a period of three years for raising fish in the public tanks. Basing on the said representation, the Gram Panchayat has passed a resolution vide resolution No.168, dated 28.06.2022 in favour of the petitioner society and the said proposal was sent to the Fisheries Department for sanction or approval for fishing rights, however, the Assistant Director th of Fisheries, Kakinada with an ulterior motive allowed the 10 respondent/The Srinivasa Fishermen Co-operative Society Limited to undertake fishing operations and rejected the application of the petitioner. Flence, the present writ petition is filed on the ground that the Assistant Director of Fisheries, Kakinada ought to have followed the procedure contemplated under G.O.Ms.No.99, dated 01.05.2019 and violated Section 22 of the A.P.Co-operative Societies Act, 1964. Learned counsel appearing for the 10*^ respondent society would submit that the lO"^ respondent society has filed a writ petition vide W.P.No.12574 of 2023 and the same was disposed of, vide order, dated 12.05.2023 directing the 10^*^ respondent to approach the respondent authorities by way of representation along with material that may be relevant and further directed, the Sub-Divisional Magistrate, shall take into account the License issued in favour of the 3. 10th respondent by Proceedings dated 20.04.2023 and the r \ 4 Proceedings dated 18.04.2023 and also the Proceedings of the Assistant Director of Fisheries dated 15.03.2023 and to pass an order in accordance with law. As per the directions of this Court, the Fisheries Department has granted fishing rights to the 10‘^ respondent and it is further stated that the tank situated in survey No.234 in an extent of Ac.92.20 cents is a minor irrigation tank called as “Pedda Tank” and the control is vested with the irrigation departmentbut not with the gram panchayat and the panchayat cannot has such power to pass resolution embarking upon the irrigation department. The 6^'^ respondent has filed counter asserting that the petitioner society is not a registered society under the provisions of Andhra 4. Pradesh Co-operative Societies (APCS) Act, 1964 and is not entitled to claim the fishing rights over the departmental tanks in accordance with law. As per G.O.Ms.No.776, dated 31.12.1993, all the department tanks are to be leased out to the Fishermen Co-operative Societies only which are registered with the Department of Fisheries under the provisions of A.P.Co-operative Societies Act, 1964. The existing Pedda Tank and Ava Tank are minor irrigation tanks comes the jurisdiction/area of operation of 10‘^ respondent society i.e.. M/s.Sri Srinivasa Fishermen Co-operative Society Limited, which is registered with the Fisheries Department in the year 1992 under the provisions of the A.P.Co-operative Societies Act, 1964 and these tanks are presently leased to the lO^'^ respondent-Society for three fasali years i.e., fasli 1432 (01.07.2022 to 30.06.2023) fasali 1433 (01.07.2023 to 5 30.06.2024) and fasali 1434 (01.07.2024 to 30.06.2025) as per the G.O.Ms.No.776, dated 31.12.1990. Therefore, the contention of the petitioner-society is untenable. 9 5. The respondent also filed additional counter affidavit with the same averments already made in the main counter. 6. A thorough examination or perusal of the affidavit, which includes the cause title, reveals that the society’s registration number is not mentioned anywhere. Thus the petitioner being an unregistered society cannot say that the fisheries department/irrigation department violated the conditions of the A.P.Co-operative Societies Act, 1964 and G.O.Ms.No.99, dated 01.05.2019 since it is unregistered private society and the society is unable to enforce rights over the fishing tank under the control of the irrigation department. As a result, the petitioner being an unregistered society is not entitled to any relief Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. 7. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/- N NAGAMMA ASSISTANT^^GlSTRAft SECTION OFFICER //TRUE COPY// To, 1. One CC to Smt S V Indira, Advocat® [OPUC] 6. Two CD Copies RAM HIGH COURT DATED:13/02/2025 ORDER ANDtt^ ^ 0 ^ MAR 2025 . Current Section % o WP.No.6620 of 2024 m CO DISMISSING THE WP WITHOUT COSTS