4^ APrtC010210162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 8* 1 O % WEDNESDAY.THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10966 OF 2025 >¥\ 'iS:, X' V'-. Between: The Inturu Erukala Fishermen Co-Operative Society, Rep. by its President, Sri Kamanchi Mohan Kumar, S/o. Venkateswarlu (Late) Age 60 Yrs, Resident of ST Colony, Inturu, Amarthaluru (Mdndal), Bapatia (Dt.) AP . ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Fisheries Department, Secretariat Buildings, A.P. Secretariat, Amaravathi, Guntur District, A.P. 2. The District Collector, Bapatia, Bapatia District. 3. The Director, Fisheries Dept., Collector Office Road, R and B Quarters, Guntur. Pin 522004. 4. The Divl. Panchayat Officer, Bapatia, Bapatia District. 5. The Inturu Grama panchayat, Inturu, Rep- by Its Panchayat Secretary, Amarthaluru (Mdl.), Bapatia (D.t). Velagapudi ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tot may be pleased to pass an Order or Orders Particularly nature of Mandamus directing the inaction of the Respondents 4 and 5 in in the allotting the Toorpu Cheruvu (East Tank) of Inturu village of Amarthalu Mandal, Bapatia District, to the Petitioner Society is orbitrary illegal and intentional in violation of GOMS No:343 dt. 10-04-1978, GOMS No: 546 dt. 25- .03-1999 and the Circular issued by the District Collector, Bapatia in ROC No.258/2024 (Panchayat) B2, Dt. 16-08-2024 and in utter violation of article 14, 19 of Constitution of India and consequently direct the 4**^ and 5‘^ Respondents to allot the Toorpu Cheruvu (Eaast Tank) of Inturu Village, Amarthaluru Mandal, Bapatia District, to the Petitioner Society for Fishing Operations for the fasli year 2024-2025. lA NO: 1 OF 2025 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 direct the 4*'^ & 5‘^ Respondents to allot the Toorpu Cheruvu (East Tank) of Inturu Village of Amarthaluru Village to the Petitioner Society for Fishing Operations pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI G. ELISHA Counsel for the Respondent Nos.1 to 3:GP FOR FISHERIES Counsel for the Respondent No.4: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.5:SRI M. SUDHIR, SC FOR Z.P.Ps, M.P.Ps, GRAM PANCHAYATS The Court made the following order: r APHC010210162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10966/2025 Between: 1.THE INTURU ERUKALA FISHERMEN CO-OPERATIVE SOCIETY,, REP. BY ITS PRESIDENT, SRI KAMANCHI MOHAN KUMAR S/0 VENKATESWARIU (LATE) AGE 60 YRS, RESIDENT OF ST COLONY, INTURU, AMARTHALURU (MDNDAL), BAPATIA (DT.) AP . ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT BUILDINGS, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, A.P. 2.THE DISTRICT COLLECTOR, BAPATIA., BAPATIA DISTRICT, 3.THE DIRECTOR, FISHERIES DEPT., COLLECTOR OFFICE ROAD, R AND B QUARTERS, GUNTUR. PIN 522004. 4.THE DIVL PANCHAYAT OFFICER, BAPATIA, BAPATIA DISTRICT. 5.THE INTURU GRAMA PANCHAYAT, INTURU, REP- BY ITS PANCHAYAT SECRETARY, AMARTHALURU (MDL.), BAPATIA (D.T). ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tot may be pleased to pass an Order or Orders Particularly in the nature of Mandamus directing the inaction of the Respondents 4 and 5 in allotting the Toorpu Cheruvu (East Tank) of Inturu village of Amarthalu Mandal, Bapatia District, to the Petitioner Society is orbitrary illegal and intentional in violation of GOMS No- 343 dt. 10-04-1978, GOMS No- 546 dt. 25- 03-1999 and the Circular issued by the District Collector, Bapatia in ROC No- 258/2024 (Panchayat) B2, Dt. 16-08-2024 and in utter violation of article 14, 19 of Constitution of India and consequently direct the 4th and 5th Respondents to allot the Toorpu Cheruvu (Eaast Tank) of Inturu Village, Amarthaluru Mandal, Bapatia District, to the Petitioner Society for Fishing Operations for the fasli year 2024-2025 and pass lA NO: 1 OF 2025 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 may be please to direct the 4th and 5*" Respondents to allot the ToorpuCheruvu (East Tank) of Inturu Village of Amarthaluru Village to the Petitioner Society for Fishing Operations pending disposal of the above WP /2025 and pass Counsel for the Petitioner: 1.G ELISHA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FISHERIES 3.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:10966/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to pass an Order or Orders Particularly in the nature of Mandamus directing the inaction of the Respondents 4 and 5 in allotting the Toorpu Cheruvu (East Tank) of Inturu village of Amarthalu Mandal, Bapatia District to the Petitioner Society is arbitrary, illegal and intentional in violation of G.O.Ms.No.343, dt.10.04.1978, G.O.Ms.No.546 dt.25.03.1999 and the Circular issued by the District Collecto,r Bapatia in ROC No.258/2024 (Panchayat) B2, Dt.16.08.2024 and in utter violation of article 14, 19 of Constitution of India and conseguently direct the 4‘^ and 5 Respondents to allot the Toorpu Cheruvu (East Tank) of Inturu Village, Amarthaluru Mandal, Bapatia District to the Petitioner Society for Fishing Operations for the fasli year 2024-2025 and pass such of other order or orders....” ■m 2. Heard learned counsel for the petitioner, learned Government Pleader for Fisheries for respondent No.2 and learned Standing Counsel for respondent No.5. 3. Learned counsel for the petitioner submits that the petitioner is a registered Fishermen Cooperative Society performing its operations within the jurisdiction of the respondent No.5-Gram Panchayat. While so, respondent - ^ No.5/ Gram Panchayat is vested with eight tanks for granting lease hold rights and while granting the lease hold rights the respondents respondent No.5 shall adhere to the G.O.Ms.No.343 G.O.Ms.No.546, dt.25.03.1999 and also circular dated the District Collector, Bapatia/ respondent No.2. petitioner further submits that even though the G.Os. as well more particularly dt.10.04.1978, 16.08.2024 issued by Learned counsel for the as Circular of the 2 respondent is indicating and directing respondent no.5 to enlarge the lease hold rights in favour of the petitioner by following the due procedure as contemplated under the G.Os. as mentioned above, but for one reason or the other, respondent No.5 is not considering the request of the petitioner in respect of one tank (Thurpu Cheruvu) but granted lease hold rights of other 7 tanks. For which, the petitioner herein submitted in respect a representation Even after receipt of the said dated 12.08.2024 to the respondents. representation, the respondents neither granted the lease hold rights in favour of the petitioner nor issued any other proceedings. Hence the writ petition. 4. On the other hand, learned Standing Counsel appearing for the respondents submits that the respondent No.4, who is the competent authority for fixing upset price furnished written instructions dated 07.05. 2025, wherein. it is stated as follows; In view of the above the petitioner herein suppressed all these facts and approached this Hon’hie Court with false allegations. The respondents herein not deviated the r • G.O.Ms.No.343 and other relevant GOs as stated in the writ petition. Further, the respondents herein utilizing the said Thurpu Tank only for drinking water source and not for leasing out the fishery rights to any person other than the petitioner’s society. The GOs mentioned In the present case are applicable in case of leasing out the said Tank only. In the present case there is no question of infringement of petitioner’s society relating to fishery rights as the respondents are not utilizing the said tank for other purposes except drinking water purpose only.” The District Development Officer on behalf of respondent No.3 5. furnished instructions dated 30.04.2025, wherein it is reiterated that respondent No.5 shall adhere to the permissions as mentioned in the G.Os. referred above under which the committee was constituted for enlarging the benefit conferred under G.O.Ms.No.343 dated 10.04.1978 in favour of the societies, who are operating within the jurisdiction of the Gram Panchayat. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record along with the written instructions. this Court is of the considered view that the present writ petition can be disposed of, directing the respondents to consider the representation dated 12.08.2024 submitted by the petitioner and pass appropriate orders within a period of four (04) weeks from the date of receipt of a copy of this order. 7. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, petition shall stand closed. if any, pending in the writ Sd/- M. SRI^4IVAS ASSISTANT REGISTRAR . //TRUE COPY// OFFICER SEC To, 1. The Principal Secretary, Fisheries Department Secretariat Buildings, A.P. Amaravathi, Guntur District, A.P. 2. The District Collector, Bapatia, Bapatia District. 3. The Director, Fisheries Dept., Collector Office Road, R and B Quarters Guntur. Pin 522004. 4. The Divl. Panchayat Officer, Bapatia, Bapatia District. 5. The Panchayat Secretary, Amarthaluru (Mdl.), Bapatia (D.t). 6. One CC to Sri G. Elisha, Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Fisheries, High Court of Andhra Pradesh [OUT] 9. One CC to Sri M. Sudhir, SC for Z.P.Ps, M.P.Ps, Gram Panchayats [OPUC] 10. Two CD Copies. State of Andhra Secretariat, Velagapudi, Pradesh, Inturu Grama panchayat Inturu, ssb HIGH COURT DATED:06/08/2025 ORDER WP No.10966 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS