Borrapalem Fishermen Co-operative Society @ Sri Muthyalamma Fisheries Co-operative Society v. The State of Andhra Pradesh
WP/7036/2026 · 2026-03-17
Y Lakshmana Rao
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18946 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18946 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010131332026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 7036/2026 Between:
1. BORRAPALEM FISHERMEN CO-OPERATIVE SOCIETY @ SRI MUTHYALAMMA FISHERIES CO-OPERATIVE SOCIETY, , HAVING ITS REGISTERED OFFICE AT BORRAMPALEM VILLAGE REP., BY ITS SECRETARY, MULKI SURESH, S/O PAPA RAO, AGED ABOUT 35 YEARS, R/O BURRAMPALEM VILLAGE, T. NARASAPURAM MANDAL, ELURU DISTRICT.
2. BATHULA RAMESH,, S/O BATHULA RAMBABU, AGED ABOUT 40 YEARS, OCC. PRESIDENT OF BORRAMPALEM FISHERMAN CO- OPERATIVE SOCIETY, R/O D.NO.5-56 BURRAMPALEM VILLAGE, T.
NARASAPURAM MANDAL, ELURU DISTRICT.
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES DEPARTMENT
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522238
2. THE COMMISSIONER, DEPARTMENT OF FISHERIES, PORANKI, VIJAYAWADA, N.T.R.DISTRICT.521137
3. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU.534006
4. THE DEPUTY SUPERINTENDENT OF POLICE, ELURU DISTRICT, POLAVARAM.534315
5. THE DISTRICT FISHERIES OFFICER, ELURU DISTRICT, ELURU.534002
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6. THE SHO, T.NARASAPUR POLICE STATION, T.NARSAPUR MANDAL, ELURU DISTRICT. 534467
...RESPONDENT(S): Counsel for the Petitioner(S):
1. D DORABABU Counsel for the Respondent(S):
1. GP FOR ANIMAL HUSBANDARY
2. GP FOR HOME The Court made the following:
ORDER:
The Writ Petition has been filed for the following relief:
“…to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents No.6 in taking action in pursuance of the communication in RC.No.1008/A5/2025, dated 06.03.2026 made by the respondent No.5 to the respondent No.6 to provide protection to the members of the petitioner No.1 Society from unauthorized persons who are engaging in confrontation and trashing them subjecting them to grievous injuries and refraining them from conducting fishing activity in the Yerrakaluva Reservoir, as arbitrary, illegal, colorable exercise of power and contrary to the well- established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of Indiaand consequently direct the respondent No.6 to provide protection to the members of the petitioner No.1 Fishermen Co-operative Society in pursuance of the communication in RC.No.1008/A5/2025, dated 06.03.2026 made by the respondent No.5 to the respondent No.6 to provide protection to the members of the petitioner No.1 Society while conducting fishing activity at Yerrakaluva Reservoir, Eluru District…”
2. Heard learned counsel for the Petitioners and the learned Assistant Government Pleader. 3. Mr.D.Dorababu, learned counsel for the Petitioners, submits that despite the letter addressed by the District Fisheries Officer, Eluru District, to the Sub‑Inspector of Police, T. Narsapuram, Eluru District, dated 06.03.2026,
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Respondent No.6 has not provided any protection to the Petitioners or to the members of the Society. 4. Sri P. Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the District Fisheries Officer, Eluru District, has indeed submitted a letter to the Sub‑Inspector of Police, T. Narsapuram, Eluru District, on 06.03.2026 vide Rc.No.1008/A5/2025, seeking protection for the fishermen of Borrampalem Fishermen Co‑operative Society. The Sub‑Inspector of Police has deployed men for protection. It is further submitted that due to disputes between rival groups, physical clashes have occurred, particularly regarding the issue of catching small fish seed (chepa pillalu) in the reservoir. As a result, criminal cases have been registered against members of both groups vide Cr.No.21/2026 under Sections 329(4), 115(2), 126(2) read with 3(5) of the Bharatiya Nyaya Sanhita (for brevity, the BNS’), and Cr.No.22/2026 under Sections 118(1), 115(2) read with 3(5) of ‘the BNS’ of T. Narsapuram Police Station, and the matter is under investigation. 5.
The learned counsel for the Petitioners submits that, notwithstanding the above, the police have not provided effective protection. 6. Considering the facts and circumstances of the case, and recording the
submissions of the learned Assistant Government Pleader, the Writ Petition is
disposed of directing the Sub‑Inspector of Police, T. Narsapuram, Eluru District, to provide police protection to the fishermen of the Borrampalem Fishermen Co‑operative Society and to take steps in accordance with law, in coordination with the District Fisheries Officer, Eluru District, to ensure that
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non‑members of the said Society are not permitted to fish in the Yerrakaluva Reservoir, which is a lease‑based reservoir.
7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________ Dr.Y. LAKSHMANA RAO, J Date: 18.03.2026 Note: Issue C.C. by 20.03.2026
B/o
PRA
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53 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
WRIT PETITION NO: 7036 of 2026
Date: 18.03.2026 Note: Issue C.C. by 20.03.2026
B/o
PRA