The Pangidi Muthyalamma Fisherman Co-Operative Society, v. The Commissioner Of Fisheries Ap Hyderabad

THE HON'BLE SMT JUSTI CE KONGARA VI JAYA LAKSHMI Writ Petition No.9720 of 2009 Order:

This Writ Petition is filed questioning the proceedings dated 21.10.2008 of the second respondent as illegal and arbitrary and a consequential direction was sought to grant leasehold rights in favour of the petitioner's society for fishing operations in Mathannagudem Ferry of Yerrakaluva Reservoir, Jangareddygudem Mandal, West Godavari District. The case of the petitioner society is that the second respondent, vide proceedings dated 21.10.2008, granted fishing rights in Mathannagudem Ferry of Yerrakaluva Reservoir, Jangareddygudem Mandal, West Godavari district, in favour of the third respondent for Fasli 1481. The petitioner contends that as per the Government orders and the rules in vogue while granting fishing rights the first preference should be given to the societies of local area in which the reservoirs/ferry/tank is situated and in the present case though the ferry in question is situated within the business area of the petitioner's society the second respondent granted the impugned lease orders in favour of the third respondent society due to political reasons.

Counter affidavit has been filed on behalf of the respondents stating that the lease period is already over. In view of the fact that the lease period is already over, no further orders are necessary in the present Writ Petition. However, the issues raised by the petitioner society in this Writ Petition will be decided in an appropriate case.

Accordingly, the Writ Petition is dismissed as infructuous leaving it open to the petitioner society to raise the issues which are raised in this Writ Petition in an appropriate case. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_____________________________ KONGARA VI JAYA LAKSHMI , J.

Date: 12.11.2018 Nsr

THE HON'BLE SMT JUSTI CE KONGARA VI JAYA LAKSHMI Writ Petition No.9720 of 2009 Date: 12.11.2018 Nsr