THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI

WRIT PETITION NO.24227 OF 2024

O R D E R

In this Writ Petition, the petitioner is seeking a Writ of Mandamus

declaring the action of respondents 2 to 6 in not granting permission to the petitioner society for catching the fish at Oora Cheruvu situated in 5^th respondent Gram Panchayat by taking appropriate action pursuant to the proceedings dt.27.05.2024 issued by the 4^th respondent, as illegal, arbitrary and violative of principles of natural justice and consequently to direct respondents 2 to 6 to merge the Oora Cheruvu situated in 5^th respondent Gram Panchayat with Chakunta, Choppadandi Mandal so as to grant permission for catching fish in favour of the petitioner society

and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner society was formed with an intention to provide self- employment to its members by fishing. It is submitted that Fakeerpet Village is an adjacent village to Chakunta Village and in between these two villages, there is a pond popularly known as Oora Cheruvu and that 1/3^rd of the pond is located in Chakunta Village and Mathadi is also

located in Chakunta Village and the members of the petitioner society are residents of Chakunta Village. It is also submitted that there are no persons of fishermen community in Fakeerpet Village and since the members of the petitioner society were not able to sustain with meagre income that has been derived from the 1/3^rd portion of rights over the Oora Cheruvu, they have made representations to the respondents and the 4^th respondent has issued letter No.FDO/KNR/2023 dt.14.03.2023, but no further steps were taken and therefore, the petitioner society filed W.P.No.2437 of 2024 before this Court which was disposed of by orders dt.13.02.2024 directing the 5^th respondent herein to take appropriate further action pursuant to the letter of the 4^th respondent herein. It is submitted that the 6^th respondent conducted enquiry and also submitted a report before the 4^th respondent stating that there are no eligible caste people to form fishermen cooperative society in the jurisdiction of the 5^th respondent vide letter dt.21.05.2024 and after receipt of the same, the 4^th respondent has directed the 6^th respondent to take further action. Alleging that respondents 5 and 6 are not taking appropriate action pursuant to the letter dt.27.05.2024 of the 4^th respondent, the present Writ Petition is filed.

3. Learned counsel for the petitioner reiterated the submissions made in the writ affidavit, while the learned Government Pleader for Fisheries relied upon the averments made in the counter affidavit filed by the 4^th respondent.

4. Respondents 5 and 6 have also filed their counter affidavit.

5. Having regard to the rival contentions and the material on record, this Court finds that vide letter dt.27.05.2024, the 4^th respondent has observed that there are no eligible castes of fishermen in Fakeerpet Village for formation of new fishermen cooperative society and therefore, the Special Officer of Fakeerpet Village was requested to pass Grama Panchayat resolution to issue the Oora Cheruvu of Fakeerpet Village of Karimnagar Mandal and District to the Fishermen Cooperative Society, Chakunta of Choppadandi Mandal as per the orders of this Court. However, this Court finds that vide order dt.13.02.2024 in W.P.No.2437 of 2024, the direction was to consider the letter issued by the 4^th respondent herein and to pass appropriate orders thereon and there was no direction to include Oora Cheruvu or merge Oora Cheruvu with the Fishermen Cooperative Society, Chakunta. The resources of a village are the property of the respective Gram Panchayat and therefore, the resolution of the concerned Gram Panchayat for inclusion or exclusion is very much necessary, as contended in the counter affidavit filed by respondents 5 and 6. The Gram Panchayat of Fakeerpet Village has unanimously rejected the proposal f