The Fishermen Cooperative Society v. The State Of Telangana, And 2 Others

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 21380 of 2019 O R D E R:

Petitioner-Fishermen Cooperative Society, Abanga Patnam, Naveepet Mandal, Nizamabad District, asserts that it was granted lease to catch the fish in Kadicheruvu for the period 2018-19 up to 30.06.2018 and that due to heavy water flow, it could not harvest the fish, on account of which, it has incurred huge loss. In the circumstances, it seeks a direction to respondent No.2 to 3 to allow it to catch the fish.

Heard learned counsel for the petitioner and learned Government Pleader for Fisheries appearing for the respondents. Having regard to the nature of relief which the petitioner seeks, this Court cannot take a decision whether the petitioner had incurred loss or whether it has any right to catch the fish beyond the lease period. Therefore, the petitioner is permitted to submit an application to the Competent Authority by setting out justifiable reasons for allowing it to harvest the fish beyond the lease period, within a period of ten days from today. Thereupon, the Competent Authority shall consider the same and pass appropriate orders in accordance with law and communicate the same to the petitioner, within a period of ten days thereafter.

Subject to the above, the writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition shall also stand disposed of. There shall be no order as to costs. _________________________ CHALLA KODANDA RAM, J Dt:27.09.2019 Note: Issue cc by 30.09.2019.

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