lN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special QrigI-Hal Jurisdiction) TIJESDAY, THE TWENTY NINETH-DAY OF APRIL TWO TllOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETllt-lON NQi-2LQ2§ E3etwee n : The Peravali FI-Shermen Co-Operative Society, Rep. by its President, Bommidi SrinivasaRao, S/o Venkateswarlu, Age 52 Yrs, Resl-dent of ChakaliVeedhi, Peravali Gram Panchayat, Vemuru. (MdI.) Bapa{la District. I..PetjtI-Oner , AND 1. The State ofAndhra Pradesh, Rep. by its Principal Secretary, Fisheries Department, Secretariat Buildings, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Bapatla, Bapatla DI'StriCt. 3. The Director, Fisheries Dept., Collector Office Road, R and B Quarters, Guntur. Pin 522004. 4. The Asst. Director of Fisheries, Nizampatnam, Bapatla District. 5. Tlle DivI. Panchayat officer, Bapatla, Bapatla District. 6. The Chavali Gram Panchayat, Rep by Its Panchayat Secretary, Vemuru Mandal, Bapatla District. Cause Title is amended as per the court's order dt.29.04|2025 in I-A-No.02 of 2025I ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fI-led thereWjth, the High Court may be pleased to pass an order or orders particularly I-n the nature of Mandamus directI'ng the inaction of the Respondents 5 and 6 in not allowing the petitioners socI'ety for Catching fish in All 7 Tanks of PeravalI- viIIage Qf Vemuru MandaI, Bapa{la District, is arbitrary illegal and I'n{entional and in violation of COMS No 343 dt.10-04-1978, COMS No 546 `` dt. 25-03-1999 and the CI'rCular issued by the District Collector, Guntur in I _ ,` ,r''';; ROlc No 258/2024 (Panchayat) B2, Dt.16-08-2-O24 and in utter violation of f I if, - article 14,19 of Constitution-of India and consequently direct the 5th and 6th |Respondents to allow the Petitioner society to continue the fishing -,.'{ operations inClllding Catch the fl'Sh. LLN=OLT± ` Petl-tI'On under SectI'On 151 CPC praying that in the circumstances stated I'n the affidavit filed in support of the petition, the HI-gh Court may be Pleased may be please to direct the 5th and 6th Respondents to allow the Petitioner society to catch the fish in all the tanks allotted {o the petI'tI®Oner Society pending disposal of the above wp No.I /2025. Counsel for the peti1:ioner: SRI G ELISHA - Counsel for the Respondents 1 to 5: GP FOR FISHERIES Counsel for the Respondent No.6: SRI P.A.K.YADAV, FOR SRI M. SUDHIR, STANDING COUNSEL The Court made the following order: Ei r-1,, ,, ---,._,fry-`t~.+~`~®| I ¢ | THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRIS'HNA PRASAD . WR.,IT. P,ET_,HLQ_N ,N Q :.1062§`J?apL2£ ORAL ORDER: LI Heard Sri G. EIisha, Ie:med CQunSel for tlle Writ Petitioner; Sri A. Krisllna KI'ShOre, Learned Assistant Government Pleader for Co-operation and Fisheries and Sri P.A.K. YacJav, learned Counsel appearing Qn behalf Of Sri M. sudheer, learned standing counsel for Gram Panchayat. 2. Sri A. Krishna Kishore, Learned Assistant Governinent PIeader for Co-operation and Fisheries has submitted the written Instruction furnished by the Fisheries Development Officer, Kuchipudi, dated 25.04.2025 along with Proceeding of the Fisheries Development Officer, Kuchipudi addressed to the Divisional Panchayat Officer, Cherukupalli, dated 18.ll.2024. Copy of it is also supplied to the learned Counsel for the Writ Petitioner. The s`ame is taken on record. 3. The Proceeding of the Fisheries Development Officer, Kuchipudi addressed to the Divisional Panchayat Officer, Cherukupalli, dated 18.ll.2024 would indjca{e that the Fisheries Development Officer, Kuchl'pudi, has already addressed a letter dated 18.ll.2024 to the DivisionaI Panchayat Officer, Cherukupalli to issue necessary ins{ruc{ions to the panchayat secretary to issue lease rights to the above saicl panchayat Tanks to Peravali/Chavali Fishermen CQ-OPeratiVe Society, Peravali Village, Vemuru Mandal at an early date. 4. The Written Instruction furnished by the FI'SherieS Development Officer, Kuchipudi would also indicate that the writ petitioner I'S entitled to catch fI'SheS from the Gram Panchayat ponds of Chavali Gram Panchayat as they have fishing rights, vide G.O.Rt.No.546 dated 25.03.1999. 5. Having considered the contents of the written Instruction, the Proceeding dated 18.ll.2024 and also the contents of the G.O.Rt.No.546 `, \ '' J dated 25.03.1999, this Court deems it appropriate to allow this Writ Petition, with a direction to the official Respondents to permit the Writ Petitioner to carry-on the fishing activity at chavali Gram Panchayat. Needless to state that, if amyone causes obstruction to the members of the Wr'lt Petitioner's society, the official Respondents are statutorily Obligated tO Provide Protection to the said members. 6.\,With these observations and directions, this Writ Petition stands allowed. No order as to costs. 7.lnterlocutory Applications, if any, Stand CIosed in terms of this order. Sd/-N.NAGAMIVIA //TRUE COPY// To] AS S I SsTEAH£:RAR CER 1. The Principal secretary, Fisheries Department, state ofAndhra pradesh, secretariat Buildings, A.P. Secretariat, velagapudi, Amaravathi, Guntur District. 2. The District Collector, Bapatla, Bapatla District. 3. The DI'reCtOr, FI-SherieS Dept., Collector office Road, R and B Quarters, Guntur. PI'n 522004. 4. The Asst,. Director of Fisheries, Nizampatnam, Bapatla District. 5. The DivI. Panchayat officer, Bapatla, Bapatla District. 6. The Panchayat secretary, chavali Gram Panchayat, vemuru MandaI, Bapatla District. 7. One CC to Sri G EIisha, Advocate [opuc] 8. One cC to Sri M. SudhI'r, SC for Gram Panchayat [opuc] 9. Two CCs to GP for Fisheries, High Court ofAndhra pradesh. [ouT] 10. Two CD Copies RAM HIGH COURT DATED:29/04/2025 ORDER WP.No.10628 of 2025 ALLOWING THE WP WITHOUT COSTS ¥r#. I :uflwei1:R±Oi2o5n P FsFS,^X