High Court · 2025

8. Muskd Srinu, S/o. Un-known Aged about. Major, Occupatlo! Fx- tl p.a Potharam Village, Mallial Mandal' Jagitial District, T^elangana

10. Muske Rajam, Potharam Village, Mallial Mandal, Jagitial District, Telangana. f f . foielingayya.l S/o. Un-Xnown Aged= about. Major, Occupation. agricultur fVo. Potfiaidm Village, Mallial Mandal, Jagitial District' Telangana . ...RESPONDENTS Petition under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a wril order or direction mote particularly one in the nature of writ of Mandamus by declaring the inaction of Respondent No.2and 3 not taking into consideration the proceedings issued by the Respondent No.4 to protect the petitioner society rights over the water bodies expcially in Pottharam Village Oorachervue is being illegal, arbitrary, discriminatory without following the due process of law and violative of Articles '14, '1 I and 21 of the Constitution of lndia and consequently direct the Respondent No.2and 3 to provide the police protection to the petitioner society members for their fishing rights in Pottharam Village Oorachervue and life and liberty of the petitiofibrs. lA NO: 1 OF 2025 Petition under Section 15'l 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 Respondent No.2and 3 to provide the police protection to the petitioner society for their fishing rights in Pottharam Village Oorachervue and life and liberty of the petitioners pending disposal of the above writ petition. Counsel Counsel Counsel Counsel Counsel for the for the for the for the for the Petitioner: SRI T.P.ACHARYA Respondent Nos.1 TO 3: GP FOR HOME Respondent No.4: GP FOR REVENUE Respondent No.5: GP FOR FISHERIES Respondent Nos.6 TO 11: - The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 11817 of 2025 ORDER:' Heard learncd counsel lor the pctitioner appearing through Vir[ual Mode, Iearned Governmcnt Pleader fbr Home appcaring for respondent Nos. 1 to 3, learned Government pleader for Revenue appearing for respondent No.4, Iearned Government pleader for Fisheries appearing for respondent No.5, and with the consent of the learned counsel appearing for the parties, the Writ petition is taken up for hearing and disposal at admission stage.

2. Having regard to the manner of disposal ol the Writ petition and the naturc o[ li.s involved, this Court is of the view that notice to unofhcial respondent Nos.6 to l l is not necessary for adjudication of the present Writ Petition.

3. The case of the petitioner, in brief,.is that though it had approached the. 3.d respondent-authority and submitted a representation , dt.24 .O3.2025, seeking to provide police protection to the petitioner-socieqz and its members while undertaking fishing operations as per the fishing rights grantcd to it uide ord.er, dt.2l .O3.2025, no action is taken by the respondenrs-authorities to provide such protection, even though the 4tn respondent had addressed a letter, dt.26.O3.2025, to the 2nd respondent, to 2 consider the aforesaid request of the pctitioner, which action of the respondents-authorities, in particular the 3.d rcspondent, it is contended as highty illcgal and in dereliction of duties.

4. Per contra, learned Governme nl Pleader for Home appeaf ing for respondent Nos.1 to 3 u,ould submit that the petitioner-Societ5r had approached Lhr: respondcn ts,authorities on 24.O3.2Ct25 complaining thal though thcv have been issued with fishing rights uide proceedings, dt.21.O3.2O25, some of its members being prevented by ccrtain pcoplc from catching the fish by resorting to physical attacks on them, and thLls, sought for protection.

5. lrarnt:d Governrnent Pleader further submits that from the proceedings, dL,2,l .O3.2025, r.hough ir is evident that the petitioner- Society has only bcen grantccl fishing rights from the said date, no specific incident u,ith date lras bcen complaincd bv the petitioner of their members being subjccted to atLacks by the locals or they taking away their fish r:atch, for the authorities to take action.

6. Learned Governrrrent Pleader further submits that if only the petitioner comes with a spccific date on which the petitioner Society or iLs mcmbcrs u,ould undertake hsl-ring operations/ catching of hsh in thc lakes mentioned in the proceedings dt.27.O3.2025, Lhe authorities, in particular Lhc 3.d respondent- authority, would extend neccssary protcction for the members of 3 the petitioner-Society to undertaking fishing operations and for its transporta[ion from thc subject place 7 . On the aforesaid submission being made by the learned Government Plcader for Home, learned counsel for the petitioner appearing through virtual mode would submit that the petitioner would approach the 3.d responden t-authorily informing the specific dates, on which the petitioner-Society and its members would undertake fishing operations in the water bodies/lakes as mcnLioned in the proceedings, r1t.21.03.2025, to enable the 3.d respondcn t-au Lhority to cxtend necessary police protection. I I

8. I have taken note of the respective submissions made

9. Having regard to the submissions made as above, and since, the 3.d respondent has now informed this Court that the authorities would extend necessary police protection to the petitioner-Society and its members, if 'only a specihc date is indicated, and thc petitioner also traving informed to this Court that they would approach the 3'd responde nt-authority informing the dates, on which the petitioner-Socicty and its members intend to undertake hshing operations in terms of the rights granted uid.e proceedings, d1.21.O3.2O25, this Court is of the view that the petitioner-Society is to be directed to approach the 3'd respondent- authority, at least four days in advancc, by giving intimation in 4 --- -' .i writing, to enable the 3.,i respondent-authorities to extend necessary policc protection for the petitioner_socieqr and its membefs to undertake fishing rights in respecl of the lakes mentioned in thc proceedings dt.21.03.2025. 10 Subject to the above directions, the Writ petit ion is disposed of. No order as to costs 11 Consequently, miscellancous petitions, if any, pending shall stand closed //TRUE COPY// SD/-MOHD. ISMAIL DEPUW REGISTRAR N,(- J SECTTON OFFTCER The Principal Secretary, Department of Home, Secretariat, Hyderabad, State of Telanqana. Superindent of Police, Jaqitial District. The Statlon House officer-of, pS. Mallial , Karimnaqar District. The District Collector, Jagitiat District, feianoini --- - lhe Assistant Director of Fisheries-cum ThdDistrict Fisheries officer, Jaoitial District, O/o.Jagitiat District Coilectorate euitoinq. .6qiiiaibtitl.t"i "-" "",'""' one cC to sRtJ. p.ACHAnyA, AdvoiJr; ioCuti-'''' -Siate Two CCs to GP FOR HOtr/E, High Court t6i tne Hyderabad. [OUT] Two CD Copies of Telangana, at t, To 1 2 2 4 5 f) o PSK. GJP HIGH COURT DATED:2210412025 ORDER WP.No.11817 ot 2025 -. : i.E Sf4 r4: (o ,Elt, 2 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ o