APHC010570592024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29872/2024 Between: 1. INLAND FISHERMEN CO OPERATIVE SOCIETY, ICHAPURAM, SRIKAKULAM DISTRICT, REP BY ITS PRESIDENT A. KRISHNA CHANDRA BEHERA, S/O LATE TONKU BEHERA, AGED ABOUT 62 YEARS, R/OD.NO.2-3-13,GIC KANDRA VEEDHI, ICHAPURAM,SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, MUNCIPAL ADMINISTRATION AND URAN DEVELOPMENT DEPARTMENT ,A.P. SECRETARIAT VELAGAPUDI AMARAVATI GUNTURU DISTRICT. 2. THE MUNICIPAL COUNCIL, REP BY COMMISSIONER, ICHAPURAM MUNCIPALITY, SRIKAKULAM DISTRICT. 3. THE COMMISSIONER, ICHAPURAMU MUNCIPALITY, SRIKAKULAM DISTRICT. 4. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 5. THE DEPUTY DIRECTOR OF FISHARIES, FISHERIES DEPARTMENT, SRIKAKULAM, ...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 2 HN, J W.P.No.29872_2024 pleased topleased to issue a Writ or order more particularly one In the nature of Writ Mandamus declaring the Resolution passed by the 2nd respondent in proceedings ROC NO.3270/2022/A1, dated 24-8-2024 and not renewe the lease period from 1-7-2022 to 30-6-2025 as requested by the petitioner as Illegal, arbitrary, contrary to the rules and regulations and violation 14 and 21 of the Constitution of India and and consequently set aside the Resolution passed by the 2nd respondnet in proceedings No.ROC No. 3270/2022/Al, dated 24-8-2024 and direct the 2nd respondent to renewe the lease period from 1-7-2022 to 30-6-2025 to the petitioenr Society such other order or orders as this Honble Court and pass IA NO: 1 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 pleased to direct the 2nd respondent to renew the lease period from 1-7-2022 to 30-6-2025 by suspending the resolution, dated nd 24-8-2024 passed by the 2nd respondent pending disposal of the main W.P. and pass IA 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 pleased to Grant Leave to file a Counter in the above W.P No. 29872 of 2024 and pass Counsel for the Petitioner: 1. B S VENKATA RAMESH Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP FOR FISHERIES 3. GP MUNCIPAL ADMN AND URBAN DEV AP 3 HN, J W.P.No.29872_2024 ORDER: 1. The petitioner is seeking a direction to declare the resolution passed by the 2nd respondent in proceedings vide Roc.No.3270/2022/A1 dated 24.08.2024 is illegal. The petitioner is seeking renewal of the lease for the period from 01.07.2022 to 30.06.2025. The petitioner’s lease expired on 30.06.2022 and a request was made for extension of the lease from 01.07.2022 to 30.06.2025. 2. The learned counsel for the petitioner submits that the petitioner society had been granted leasehold rights over five fish tanks. The petitioner was paying the lease amount as permitted by the 2nd respondent. However, after 30.06.2022, the leasehold rights were not extended, and the 2nd respondent issued the impugned proceedings dated 24.08.2024, whereby it was proposed to conduct a public auction. Aggrieved by the same, the present writ petition is filed. 3. The learned counsel for the petitioner submits that this Court, in a similar matter in W.P.No.13865 of 2020 and batch, held that G.O.Ms.no.776, dated 31.12.1990, essentially provides for the grant of fishing rights to fishermen cooperative societies at concessional rates and without conducting a public auction. This Court also relied on G.O.Ms.No.282, dated 26.11.2019, which states that fishing rights can be allotted to others only in the absence of fishermen cooperative societies. G.O.Rt.No.144, dated 08.09.2020, permitted the grant of fishing rights by way of spot auction to the highest bidder in that limited area. 4 HN, J W.P.No.29872_2024 4. The learned Standing counsel appearing for the 3rd respondent submits that G.OMs.No.686, dated 21.03.1968, empowers the municipality to collect fees from the markets, slaughterhouses, and fisheries, and in that process, an open auction would be conducted by them. It is submitted that the petitioner, also being a society, can participate in the auction, and the highest bidder shall be extended the fishing rights over the said five tanks. 5. Heard the learned counsel for the petitioner and the learned Standing counsel appearing for the 3rd respondent. Perused the record. 6. The petitioner society is a sole fishing cooperative society, which had been granted fishing rights during the last three terms, and there is no other fishing society or commission that can participate in the said auction. 7. Following the orders of this Court in W.P.No.13685 of 2020, and also placing reliance on G.O.Ms.No.776, dated 31.12.1990, and G.O.Ms.No.282, dated 26.11.201. This Court is of the opinion that the 2nd respondent cannot deviate from the said GO’s. As such, the impugned proceedings dated 24.08.2024 are hereby set aside. 8. Accordingly, the present writ petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 5 HN, J W.P.No.29872_2024 Date: 15.09.2025 NKA 6 HN, J W.P.No.29872_2024 215 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 29872 of 2024 Date: 15.09.2025 NKA