Mathya Parisramika Sahakara Sangam Limited v. 1. The State of Telangana

Petition under Artrcle 226 of the Constitution of lndia praying that in the circumstances stated rn the affrdavrt frled therewith, the High Court may be pleased to issue an appropriate Writ. Order or Direction more padicularly in the nature of Writ of IVANDAI\4US declaring the action of respondents 2 to 6 in not granting the permission to the petitioner's society for catching the fish at Oora Cheruvu situated in 5th respondent Gram Panchayat by taking appropriate actiofl pursuant to the proceedings rn Lr No.5a2lCl2023, dated 27 -O5-2024 issued by the 4th respondent as illegal. arbitrary. and violative of principles of natural justice and consequently direct the respondents 2 to 6 to merge the Oora Cheruvu situated at Sth respondent gram panchayat to Chakunta, Choppadandi Mandal so as to grant permission for catching fish in favor of petitioner's society. lA NO: 1 OF 2024 Petition under Section ',l51 CPC praying that in the crr:;umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 6 to take appropriate further ar:tion in pursuance of proceedings in Lr.No.542lC12O23, dated 27 -05-2024 ssued by the 4th respondent, pending disposal of the writ petition, pending (tisposal of the above writ petition in this Hon'ble Court. I Counsel for the Petitioner: SRI VADLAKONDA RAV| KUMAR REDDY Counsel for lhe Respondent Nos.1 & 4: Gp FOR FISHERIEI; Counsel for the Respondent Nos.2 & 3: Gp FOR REVENUE Counsel for the Respondent Nos.s & 6: SRI P.KISHORE Rr,O, SC FOR GRAM PANCHAYATFI The Court made the following: ORDER il:' THE HONOURABLE SMT. JUSTICE T' MADTIAVI DEVI WRIT PETITI ON NO. 2422't oF 2024 o RDER In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of rcspondents 2 to 6 in not granting permission to the petitioner society lor catching the tish at Oora Cheruvu situated in 5th respondent Gram Panchayat by taking appropriate action pursuant to the proceedings dt'27'05'2024 isstred by the 4'h respondent' as illegal' arbitrary and violative of-principles ol'natural justice and consequently to direct respondents ? to 6 to rnerge the Oora Cheruvu situated in 5s respondent Grarn Panchayat witlr Chaktrnta' C hoppadandi Mandal so as to grant permission for catchine tlsh in thvour of the petitioner society and to pass such other ordL-r or ordL-rs

2. Brief facts teading to the tllinlr ol'thc prcscnt Writ Petition are that the petitioner socictl' rrls tirrnrccl with an intention to provide self- employment to its mernbers b1 tishing' [t is subrnitted that Fakeerpet Village is an adjacent villirge to C'haktrnta Villrrgc and in between these trvo villages, there is a poncl poptrlat ll' knt;w'u as Oora Cheruvu and that )b' ", the pond is locatt-cl in Chakunta Village and Mathadi is also w.P.No I Ill7 ol2014 2 located in Chakunta Village and the members of the pe lirioner society are residents of Chakunta Village. It is also submitted r.lrar there are no persons of fishermen community in Fakeerpet Viilage and since the menrbers of the petitioner society were not able to sustain lvith meagre income that has been derived from the l/3'd portion o. rlshts over the Oora Cheruvu, they have made representations to the r.:spondents and the 4'h respondent has issued letter No.FDOA(NR/2011 r1t.14.03.2023. but no further steps were taken and therefore, the petitior cr. s.cictv filed W.P.No.2437 of 2024 before this Court which was rlisposed of by ordcrs dt. 13.02.2024 directing the 5th respondenr lrercin to take appropriatc further action pursuant to the letter ol' thr: -1 ,, resPondent hcrcin. [t is submitted that the 6th respondent conductccl !,rrrl.ir\ and also submittcd a report before the 4th respondent stating tl1 rt thcre arc no eligiblc caste people to form fishermen cooperati,, c socicrv in rlre .iurisdiction ol' the 5th respondent vide letter dt.2l.0r.l()lJ and alie r .eceipt ol the sarne, the 4th respondent has directed the . rcspo.crent to takc turlhcr action. Alleging that respondents 5 and (r ,re ,or t.krrrs. appropriate acrion pursuant to the letter dt.27.05.1( l-1 ol rhe .1,t, respondent. rhe present Writ petition is fited. / / / I 1 I w.P.No.24227 of 2024 3

3. Learned counsel for the petitioner reiterated the submissions made in the writ affrdavit, while the leamed Covernment Pleader for Fisheries relied upon the averments made in the counter affidavit filed by the 4n respondent.

4. Respondents 5 and 6 have also filed their counter affidavit'

5. Having regard to the rival contentions and the material on record, this Court finds that vide letler dt.27.052024, the 4'r' respondent has observed that there are no eligible castes of fishermen in Fakeerpet Village for formation of new fishcrmen cooperative society and therefore, the Special Officer ofFakeerpct Village was requested to pass Grama Panchayat resolution to issuc the Oora Cheruvu of Fakeerpet Village of Karimnagar Mandal and District to the Fishermen Cooperative Society, Chakunta of Choppadarrdi Mandal as per the orders of this Court. However, this Court tinds that vide order dt.13.02.2024 in w.P.No.2437 0f 2014. the dircction rvas to consider the lefter issued by the 4ft respondent herein and to pass appropriate orders thereon and there was no direction to includc oora cherut'u or merge Oora Cheruvu with the Fishennen Cooperativc Society', Chakunta' The resources of a village are the propet1}' ol- ihc rcspcctivc cratn I'anchayat l \l P.No.2422 7 o t 2024 4 and therefirre, the resolution of the concemed ( iram Panchayat for s contended in the inclusion or exclusion is very much necessarJz, a counter affidavit filed by respondents 5 and 6. Th. Fakeerpct Village has unar . rrmously rejected the prop, Oora Cheruvu under Fishermen Cooperative Society, 6. 'fhe Gram panchayat of rsal lor inclusion of Chakunta. learned Govemment pleader for Fisherir.s has pointed out that the u ater bodies which do not fall under the jrrrisdiction of an,r. Fishcrmen cooperative Society wi'be leased out anc the lease arllounr could be credited to the respective Gram panchayat. 7 'fhis no pers respondc under the there lbre, Court is of the considered opinion that ever though rhcr ons ol' fishermen community in Fakeerne r Viilagc. nt (;ranr l)anchayat has resolved not to place rlrc, C)ora (.her jurisdiction of Fishermen Cooperative Socier,, Chakunra th is ('ourI cannot compel the 6,h responde nt e arc -tl t'u [o pass an\ reso lu t ion in favour of the petitioner society herein. rcspondcnt hirs also statcd that there is counter claim on pond fkrru ncarb_r Mandal, i.e., Chamanapalli Village r Rural Mandal rvhich is nearer to Fakeerpet Village. How.: ol.the concemed Village, i.e., Fakeerp,.r Gram p:rnchal.ar turthcr, tlrc .1,1, Oora Chcrurvu l'Kal.iurnu-ear r.er. since tlte is oppos ing W .P .No.24227 ol2O24 5 the placing of Oora Cheruvu under Fishermen Cooperative Society of Chakunta, this Court does not find any merit in this Writ Petition. t 1 l

8. The Writ Petition is accordingly dismissed. No order as ro cosrs

9. Pending miscellaneous petitions, if any, in this Writ Petition shall also stand dismissed. SD/. V.KAVITHA UTY REGISTRAR D /TTRUE COPY'/ S CTION OFFICER To I 2 One CC to SRI VADLAKOND A RAVI KU MAR REDDY Two CCstoGPFO R FISHER lES, High Co urt for the State of Telangana' at GP FO R REVENUE, High Court for the State of Telangana' at Hvd Hvd erabad. IouTl One CC to SRIP.KISHORE RAO, SC FOR GRA[/ PANCHAYATH IOPUCI erabad 3. Two CCs to vocate [OPUC] Two CD CoPies 4 5 PSK. TKS t'. HIGH COURT DATED:2910712025 I ORDER WP.No.24227 of 2024 ( 1 r.s a/ 0[' ;025 .+ .. ,/, :i ' -;,' DISMISSING THE WRIT PETITION WITHOUT COSTS l\ a\ { (