THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.13682 of 2025

ORDER

This Writ Petition is filed seeking a direction to respondents No.1 to 5 to implement the renewal of the lease and to grant fishing rights in favour of respondent No.6 society and to pass such other order or orders. 2. Learned counsel for the petitioners submitted that the petitioners are all members of respondent No.6 society and were the beneficiaries of the leasehold rights granted in favour of respondent No.6 society and when the leasehold rights were not being extended for the current season, respondent No.6 society filed W.P.No.10679 of 2025 and this Court had directed the respondents to extend the leasehold rights till 30.06.2025 after obtaining an unconditional undertaking to the effect that the petitioner therein, i.e., respondent No.6 society herein, shall pay the enhanced/revised rentals as and when communicated by the Government. It is submitted that in the meantime, the official respondents have issued notice to respondent No.6 society for enhancement of lease rentals and for extension of lease rentals up to 30.06.2025 and for furnishing of undertaking and also payment of lease rentals. However, there was also a Writ Petition filed vide W.P.No.8731 of 2025 by some of the members of respondent No.6 society, wherein this Court had directed the respondents Fisheries Department to maintain status quo obtaining on the said date in respect of the leasehold fishing rights. It appears that some of the members of respondent No.6 society have filed a writ appeal before the Division Bench of this Court in W.A.No.449 of 2025 against the order in W.P.No.10679 of 2025, stating that the writ petitioner society in W.P.No.10679 of 2025 did not disclose the interim order passed by this Court in W.P.No.8731 of 2025 and therefore, there was suppression of facts. Taking the same into consideration, the Division Bench in I.A.No.3 of 2025 in W.A.No.449 of 2025 has stayed the effect and operation of the impugned order dated 11.04.2025 passed in W.P.No.10679 of 2025. The petitioners herein, who are the members of the society, have now filed this writ petition seeking a direction to extend the leasehold rights in the light of the fact that notice given by the respondents to give an undertaking and make payment of enhanced rentals has never been challenged by any party before any forum, and therefore it is prayed that a direction can be given to this effect.

3. Learned Government Pleader for Fisheries, appearing for respondents No.1 to 5, has forwarded a copy of the written instructions giving the details of the writ petitions filed by the petitioner as well as the society and also the order of the Division Bench dated 22.04.2025 in I.A.No.3 of 2025.

4. Having regard to the above submissions of both the parties, this Court is of the opinion that judicial discipline requires that this Court follows the orders of the Division Bench and since the order of this Court to extend the leasehold rights has been stayed by the Division Bench, this Court cannot give any further direction to the respondents to extend leasehold rights. The parties are however at liberty to approach the Division Bench of this Court in the above case for appropriate relief.

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

6. Miscellaneous applications, if any, pending in this writ petition, shall stand closed.

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JUSTICE T. MADHAVI DEVI Date: 30.04.2025 PRN