The Fishermen Cooperative Society, v. State of Andhra Pradesh
WP/14060/2025 · 2025-05-28
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19878 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19878 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
r IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14060 OF 2025 Between: The Fishermen Cooperative Society, Kanala, Kanala Village, Nandyala Mandal, Nandyala District represented by its President, Telugu Venkateswarlu, S/o Venkata Subanna, aged about 50 years, R/o Kanala Village, Nandyala Mandal, Nandayala District. ...PETITIONER AND State of Andhra Pradesh, represented by its Principal Secretary, Department of Animal Husbandry, Dairy Development and Fisheries, Secretariat, Velagapudi, Amaravathi, Guntur District The Commissioner of Fisheries, Poranki Vijayawada, NTR District. The Joint Director of Fisheries Officer, Nandyala Mandal, Nandayala District The Assistant Director of Fisheries, Nandyala, Nandyala District. The Fisheries Development Officer, Nandyala, Nandyala District. ...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 to issue a Writ or Writs, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents for not granting fishing rights to the petitioner society i.e., FCS Kanala, Nandyala District as per G.O.Ms.No.776 dated 31.12.1990, as bad, arbitrary, contrary to the purport of G.O.Ms.No.776 dt 31.12.1990 and also offends Arts. 14, 19(1) (g) and 21 of the Constitution of India. 1. 2. 3. 4. 5. 4 lA NO: 1 OF 2025 Pstition 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 Respondents to forthwith grant lease/fishing order favour of the petitioner society for the year 2024-25 in respect of Nagamma Cheruvu, Kanala Village, Nandyala Mandal, Nandyala District interests of justice and fair play.
Counsel for the Petitioner: M/s. M. VIDYAVATHI Counsel for the Respondent Nos.1 to 5: GP FOR FISHERIES The Court made the following: ORDER in in the
APHC010278962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY ,THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14060/2025 Between: ...PETITIONER The Fishermen Cooperative Society, AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.M VIDYAVATHI Counsel for the Respondent(S):
1.GP FOR FISHERIES The Court made the following: (
2 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Fisheries appearing for the respondents. The learned counsel for the petitioner submits that the petitioner is a registered society which was registered in the year 1963. It is submitted that the petitioner society was granted fishing rights the tank i.e., Kanala “Nagamma Cheruvu” at Kanala at Nandyal Mandal and District. i
1. 2. 3. over
4. It is further submitted that the respondents have renewed the fishing rights for the year 2023-2024, however, have so far, not passed any order of renewal. It is submitted that the petitioner has borrowed substantial amounts and has invested in Kanala “Nagamma Cheruvu” for the year 2024-2025 and that the petitioner society has paid an amount of Rs.1,65,190/- (Rupees One Lakh Sixty Five Thousand One Hundred Ninety only) to the Fisheries Development Officer, Nandyal on 06.05.2025. 5. 6. It is submitted that in view of G.O.Ms.No.776 fishing rights were granted to the petitioner society. The Learned Assistant Government Pleader appearing for the respondents submits that the petitioner society is facing such allegations and an enquiry was ordered on 25.09.2024. The Leaned counsel for the petitioner submits that the petitioner society is victimized on account of the involvement of the political leaders. 7. 8. 3
9.
Considering the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, there shall be a direction to the respondents to permit the petitioner society to continue the fishing activity in Kanala “Nagamma Cheruvu” for the year 2024-2025. It is open for the respondents to complete the enquiry which was initiated vide Rc.No.1092/D/2024, dated 25.09.2024, those proceedings are completely separate proceedings and would not come in the way of fishing activities of the petitioner society. 10. With these observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// fJo^FFICER SEC To,
1. The Principal Secretary, Department of Animal Husbandry, Dairy Development and Fisheries, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District
2. The Commissioner of Fisheries, Poranki Vijayawada, NTR District. 3. The Joint Director of Fisheries Officer, Nandyala Mandal, Nandayala District
4. The Assistant Director of Fisheries, Nandyala, Nandyala District. 5. The Fisheries Development Officer, Nandyala, Nandyala District. 6. One CC to M/s. M. Vidyavathi, Advocate [OPUC]
7. Two CCs to GP for Fisheries, High Court of Andhra Pradesh. [OUT
8. Three CD Copies. ssb
a .T iT HIGH COURT DATED;29/05/2025 ORDER WP.No.14060 of 2025 .t' o 3 0 MAY 2025 ^5^£SPATCt^ ■13: rn: 40 osii .SPt'-' DISPOSING OF THE W.P. WITHOUT COSTS