Ponagenti Ramanjaneeyulu v. Thestate Of Andhra Pradesh

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.22909 OF 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India declaring the inaction of the respondents in not renewing the leasehold fishing rights of the petitioner for the Vasarama Samudram Irrigation Tank of Kandikur Gramapanchayat, Kindikur Village, P.T.M.Mandal, Chittoor District - A.P. in terms of the G.O.Rt.No.48 dated 20.02.2016 Fisharies Department for the Fasli 1425 to 1427 from 01.07.2015 to 30.06.2018 as illegal and arbitrary and consequently direct the respondents to consider the renewal of the fishing leasehold rights for the Vasarama Samudram Irrigation Tank of Kandikur Gramapanchayat, Kindikur village, P.T.M.Mandal of Chittoor District, and to pass such other necessary orders. Heard the learned counsel for the petitioner and the learned Government Pleader for fisheries and also Sri G.Seshadri, learned counsel appearing for 7th respondent.

It is not in dispute that the petitioner had participated in the auction conducted on 18.01.2016 and bid was knocked in his favour being highest bidder. As per the terms and conditions of the auction, the petitioner is entitled to catch the fish in the tank for the year 2016 i.e. for the fasali 1425. It is not in dispute that the Government of Andhra Pradesh issued G.O.Rt.No.48 dated 20.02.2016 to extend the lease period for a period of three years by enhancing the rent by 10% over the previous year, every year, except in drought declared Mandals. It is the contention of the learned counsel for the petitioner that the petitioner has submitted a representation dated 16.06.2016 to the District Collector - 3rd respondent to consider and extend the lease period in the light of the G.O.Rt.No.48.

Having regard to the facts and circumstances of the case, the second respondent is hereby directed to consider the representation of the petitioner dated 16.06.2016 in the light of the G.O.Rt.No.48 and pass appropriate orders in accordance with law within a period of one month from the date of receipt of copy of this order. With the above direction, the writ petition is disposed of. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________________ T.SUNIL CHOWDARY, J 19.07.2016 Rns HON'BLE SRI JUSTICE T.SUNIL CHOWDARY

WRIT PETITION No.22909 OF 2016 Date:19.07.2016 Rns