Pulipadu Fishermen Co-Operative Society, v. State Of Andhra Pradesh,

WRIT PETITION No. 3031 of 2015 O R D E R:

This writ petition, under Article 226 of the Constitution of India, is filed, seeking the following relief:

to issue any writ or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not granting lease of fishery rights to the writ petitioner for the tanks i.e. Pulipadu PWD Tank, Pothakamuru PWD Tank, East Veerayapalem MI Tanks of Darsi Mandal, Prakasam District as illegal and arbitrary and consequently direct the respondents to grant lease of fishing rights in the said tanks in favour of the writ petitioner."

2. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner and the learned Government Pleader for Fisheries for the respondents.

3. According to the petitioner, it is a society registered under the provisions of Andhra Pradesh Cooperative Societies Act, 1964. It is pleaded that the earlier lease granted in favour of the petitioner herein expired in the month of June, 2014 and the petitioner herein sought extension of lease period. It is further pleaded that the petitioner by way of resolution dated 08.01.2015 accepted the upset price as fixed by the fourth respondent herein and the fourth respondent herein recommended for renewal of lease and also sent recommendations to the third respondent. The grievance precisely in the present writ petition is that despite the said recommendations, no action has been taken by the third respondent/sanctioning authority.

4. In the circumstances, without expressing any opinion on the other merits of the matter, this Court is inclined to dispose of the writ petition on the material available.

5. For the aforesaid reasons, writ petition is disposed of, directing the third respondent/Assistant Director of Fisheries, Ongole, Prakasam District, to take appropriate action in accordance with law for grant of

lease in respect of Pulipadu PWD Tank, Pothakamuru PWD Tank and East Veerayapalem MI Tanks of Darsi Mandal, Prakasam District pursuant to the recommendations said to have been made by the fourth respondent/Fisheries Development Officer-cum-Convenor, Prakasam District for renewal of the lease, within a period two months from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. _______________ A.V.SESHA SAI, J Date:13.02.2014 grk

WRIT PETITION No. 3031 of 2015 Date :13.02.2015 grk WRIT PETITION No.24833 of 2008

Date : . .2014 Between:

... Petitioner and ... Respondent