THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.35661 of 2014 Dated: 24.11.2014 Between:
Fishermen Cooperative Society Chamanpalli Village, Karimnagar Mandal and District, Rep. by its President Bojja Tirupathi .. Petitioner and State of Telangana, Rep. by its Principal Secretary to Government, Animal Husbandry, Dairy Development & Fisheries Department at Secretariat, Hyderabad and others.
.. Respondents Counsel for the petitioner: Mr. N. Sridhar Reddy For Mrs. B.V. Aparna Lakshmi Counsel for respondents 1&2: A.G.P. for Irrigation & CAD (TS) The court made the following:
ORDER:
This writ petition is concerned with the fishing rights in respect of Rajasamudram and Appanapalli tanks situated in Chamanpalli Village of Karimnagar Mandal and District.
At the hearing, it has come out that a fresh development has taken place after the filing of the writ petition, whereby respondent No.3 is stated to have issued leasehold rights relating to Appanapalli tank in favour of the expelled Vice-President of the petitioner society.
Mr. N. Sridhar Reddy, learned counsel representing the petitioner, submitted that in view of this subsequent development, his client is not pressing the writ petition qua the said tank with liberty to it to avail fresh remedy.
With regard to Rajasamudram tank, this Court, by order dated 11.03.2013 in W.P.M.P.No.8239 of 2013 in W.P.No.6579 of 2013, has observed that the material placed in the said writ petition reflects that the former Vice-President Mr. Bojja Narayana has misappropriated the sale proceeds during the year 2012-2013 and, therefore, a direction was issued to the officials of the Fisheries Department i.e. respondent No.2 and others to take up the fishing operations departmentally in Rajasamudram tank.
A further direction was given to the effect that the sale proceeds from the fishing operations shall be deposited to the credit of the petitioner society and that the same shall not be disbursed to the members, pending further orders.
The grievance of the petitioner society is that respondent No.2 has not been granting leasehold rights to it for the present year.
As there are serious allegations against the President and Secretary of the petitioner society on the one side and the former Vice- President also on the other side, it is appropriate that the lease is granted to the petitioner society for the current year, subject to the departmental officials overseeing the operations and sale of fish departmentally. The officials shall conduct auction of fish departmentally and deposit the sale proceeds to the credit of the petitioner society. Such sale proceeds shall be distributed among the genuine members of the society. The claim of the petitioner that it has incurred expenditure by borrowing some money from another society for leaving the fish seed in Rajasamudram tank shall also be considered, while disbursing the sale proceeds to the genuine members of the petitioner society.
Subject to the above directions and granting liberty to the petitioner to avail fresh remedy with regard to leasehold rights in respect of Appanapalli tank, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.No.44611 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 24th November, 2014 IBL