APHC010092202022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5655/2022 Between: 1. SREE MALABULA LAKSHMI NARASIMHA SWAMY CHAPALA SANGHAM,, REP. BY IT'S PRESIDENT E. VENKATESULU, S/O. SUNKANNA, AGED 38 YEARS, OCC FISHERMAN, RESIDING AT Y. KOTHAPALLI VILLAGE, ATMAKURU MANDAL, ANANTAPURAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTAPURAM, ANANTAPURAM DISTRICT. 3. THE TAHSILDAR, ATMAKURU MANDAL, ANANTAPURAM DISTRICT. 4. THE MANDAL DEVELOPMENT OFFICER, ATMAKUR MANDAL, ANANTAPURAM DISTRICT. 5. THE GRAM PANCHAYAT SINGAMPALLY, REP. BY IT'S PANCHAYAT SECRETARY, SINGAMPALLY, ATMAKURU p. 2 MANDAL, ANANTAPURAMU DISTRICT. 6. THE GRAM PANCHAYAT P YALERU, REP. BY IT'S PANCHAYAT SECRETARY, P. YALERU, ATMAKURU MANDAL, ANANTAPURAMU DISTRICT. 7. THE DEPUTY DIRECTOR, FISHERIES DEPARTMENT, ANANTAPURAM, ANANTAPURAM DISTRICT. CT IS AMENDED AS PER THE ORDER OF THIS COURT DT 15/02/2023 VIDE ORDER PASSED IN IA 02/2022. ...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 to issue an appropriate Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents especially respondent Nos.3 to 5 in interfering with our activity of catching fish in Nadimicheruvu Tank covered by Survey No.124 of P. Yaleru Revenue Village and Gram Panchayat, Atmakuru Mandal, Anantapuram District, as illegal, arbitrary and against the principles of natural justice and consequently direct the respondents especially respondent Nos.3 to 5 not to interfere with their activity of catching fish in Nadimicheruvu in Survey No.124 of P. Yaleru Revenue Village and Gram Panchayat and to pass IA NO: 1 OF 2022 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 respondents especially respondent Nos.3 to 5 not to interfere with their activity of catching fish in Nadimicheruvu in Survey No.124 of P. Yaleru Revenue Village and Gram Panchayat pending disposal of the above writ petition and to pass IA NO: 2 OF 2022 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 permit the petitioner to amend the cause title in the writ petition and in Interlocutory Applications in respect to the 7th respondent p. 3 as Deputy Director, Fisheries Anantapuramu by deleting the Executive Director, Fisheries Anantapuramu and to pass such other Counsel for the Petitioner: 1. SESHADRI GOALLA Counsel for the Respondent(S): 1. ADDL ADVOCATE GENERAL (AP) 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR FISHERIES 4. V VINOD K REDDY (SC FOR ZP MPDO GP) The Court made the following: ORDER Heard Sri Seshadri Goalla Roshan, learned counsel for the petitioner, Sri I.Sai Gopi Manoj Krishna, learned counsel, Assistant Government Pleader for Fisheries for the respondents 1 to 5 and Sri Hrithik, learned counsel representing Sri M.Sudhir, learned standing counsel for the 6th respondent, Gram Panchayat. 2. The above writ petition was filed to declare the action of respondents 3 to 5 in interfering with the activity of catching fish by the members of the petitioner-society in Nadimicheruvu Tank in S.No.124 of P.Yaleru Revenue Village, Atmakuru Mandal, Anantapuram District, as illegal and arbitrary. 3. Learned counsel for the petitioner would contend that P.Yaleru Gram Panchayat consists of four villages viz., Siddarampuram, Kothapally, Singhampally and Singhampally Thanda. Two tanks/ponds are located in the above Gram Panchayat i.e. Nadimi Cheruvu and p. 4 Pedda Cheruvu in S.No.124. The P.Yaleru Gram Panchayat was trifurcated. The Kothapally was formed as a new Gram Panchayat, and the Singampally and Singampally Thanda were formed as another Gram Panchayat. The members of the petitioner-society are not allowed to catch fish in the tank referred to supra situated in Singamapally and Kothapally. 4. A counter affidavit was filed on behalf of the 3rd respondent. It was contended, inter alia, that P.Yaleru Revenue Village, Atmakuru Mandal, was bifurcated and Singampally village was created vide proceedings in Rc.No.1053/95/A6(pts), dated 12.05.1995. According to the bifurcation of the assets and liabilities between two Gram Panchayats, the tank situated in S.No.124 in an extent of Ac.196.66 cents, was brought under the territorial jurisdiction of Singampally Gram Panchayat. Since the tank falls within the territorial jurisdiction of the said Gram Panchayat, the Department of Fisheries also recognised the same as Singampally Cheruvu. The villagers of Singampally Gram Panchayat are conducting fishing activities. The petitioner-society was formed in the year 2020, and the society cannot claim any jurisdiction or authority to catch fish without prior auction and eventually prayed to dismiss the writ petition. 5. A counter affidavit was filed on behalf of the 5th respondent. It was contended, inter alia, originally, tanks were located in P.Yaleru Gram Panchayat. However, after bifurcation, the tank fell within the jurisdiction of the 5th respondent, Gram Panchayat. Neither the 6th respondent nor the petitioners has any right or interest over the tanks referred to above. The resolution relied on by the petitioner did not relate to the issue at hand. There is no cause of action for filing the writ petition, and prayed to dismiss the writ petition. Page 5 of 5 6. No interim order was granted in the writ petition. 7. Sri Seshadri Goalla, learned counsel for the petitioner, would fairly submit that the tank referred to supra is within the limits of Singampally Gram Panchayat. The petitioner-society was registered in the year 2020 in the name and style of Sree Malabula Lakshmi Narasimha Swamy Chapala Sangham. 8. The resolutions filed along with the writ petition (Ex.P2 to P5), they do not relate to catching fish in the tanks referred to supra. The petitioner-society, as a matter of right, cannot claim fishing rights in the tank situated in a different village. The claim of the petitioner-society that the respondents 3 to 5 are interfering with their fishing activities is misconceived, and this Court does not find any merit in the writ petition; hence, the same is liable to be dismissed. 9. Accordingly, the Writ Petition is Dismissed. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD