✦ High Court of India · 30 Apr 2025

1. Nerlapalli Ramchandri v. The State of Telangana

Case Details High Court of India · 30 Apr 2025
Court
High Court of India
Decided
30 Apr 2025
Bench
Not available
Length
1,753 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order, direction, particularly, in the nature of Writ of Mandamus, directing the Respondents No. 1 to 5 herein to implement the renewal of lease and to grant the fishing rights in favour of the Respondent No. 6 Society. lA 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 to direct Respondent No.s 1 to 5 herein not to take any steps to recall or withdraw the renewal of lease already granted during the pendency of the Writ Petition and ----/ consequently, direct the Authorities to grant fishing rights in favour of Respondent No. 6 Society during the pendency of the above Writ Petition. Counsel for the Petitioners : SRI A.P.SURESH RAM Counsel for the Respondents No.1toS : GP FOR FISHERIES Counsel forthe Respondents No.6to9 , -- The Court made the following: ORDER --/ THE HON'BLE SMT. JUSTTCE T. MADHAVI DEVI WRIT PETITION No.t3682 of 2025 ORDER: This Writ Petition is filed seeking a direction to respondents No.l to 5 to implement the renewal of the lease and to grant fishing rights in lavour ofrespondent No.6 society and to pass such other order or orders. 2 Learned counsel for the petitioners submitted that the petitioners are all members of respondent No.6 society and were the beneficiaries of the leasehold rights granted in favour of respondent No.6 society and when the leasehold rights were not being extended for the current season, respondent No.6 society filed W.P.No. I 0679 of 2025 and this Court had directed the respondents to extend the leasehold rights till

30.06.2025 after obtaining an unconditional undertaking to the effect that the petitioner therein, i.e., respondent No.6 society herein, shall pay the enhanced/revised . rentals as and when communicated by the Govemment. It is submitted that in the meantime, the official respondents have issued notice to respondent No.6 society for enhancement of lease rentals and lor extension of lease rentals up to

30.06.2025 and for furnishing of undertaking and also payment of lease rentals. However, there was also a Writ Petition fied vide W.P.No.8731 of 2025 by some of the members of respondent No.6 society, wherein 2 TMDJ wp 73682 2025 this court had directed the respondents Fisheries Department to maintain status quo obtaining on the said date in respect of the lcasehold fishing rights. It appears that some of the members gf respondent No.6 society have filed a writ appeal before the Division Bench of this Court in W.A.No.449 of 2025 against the order in W.P.No. 10679 of 2025, stating that the writ petitioner society in W.P.No.l0679 o12025 did not disclose the interim order passed by this Court in W.P.No.873 I of 2025 and therefore, there was suppression of facts. Taking the same into consideration, the Division Bench in I.A.No.3 of 2025 in W.A.No.449 of 2025 has stayed the effect and operation ol the irnpugned order clated

11.04.2025 passed in W.P.No.l0679 of 2025. The petitioners herein, who are the members of the society, have now fited this writ petition seeking a direction to extend the leasehold rights in the light of the fact that notice given by the respondents to give an undertaking and make payment of .enhanced rentals has never been challengcd by any pafty before any forum, and therefore it is prayed that a direction can be given to this effect.

3. Leamed Govenrment Pleader for Fisheries, appearing for respondents No.1 to 5, has forwarded a copy of the writlen instructions giving the details of the writ petitions filed by the petitioner as well as --t 3 TMDJ wp_13682_2O25 the society and also the order of the Division Bench dated 22.04.2025 in I.A.No.3 of 2025.

4. Having regard to the above submissions.of both the parties, this Court is of the opinion that judicial discipline requires that this Court follows the orders of the Division Bench and since the order of this Court to extend the leasehold rights has been stayed by the Division Bench, this Court cannot give any fu(her dir.ection to the respondents to extend leasehold rights. The parties are however at liberty to approach the Division Bench of this Court in the above case lor appropriate relief. 5 Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

6. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. To, \ //TRUE COPYII SD/-MOHD. ISMAIL DEPUTY REGISTRAR SE c$il\ OFFlCER

1. One CC to SRI A.P.SURESH RAM, Advocate. tOpUCl 2. Two CCs to GP FOR FISHERIES, High Court for the State of Telangana. louTI

3. Two CD Copies. BSK GJP HIGH COURT DATED:3010412025 ial.n t A\- s $ \^ :-1. \; \', ^7, {:: .:7 ,, .. L .:i- , ORDER WP.No.13682 of 2025 ..1,/ , DISMISSING THE WRIT PETITION WITHOUT COSTS b ,t{ar \

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