Harijana Matya Sahakara Sangham Vs the State of Ap

HARIJANA MATYA SAHAKARA SANGHAM, (HARIJANA FISHERMEN CO-OPERATIVE SOCIETY), REGD. NO.Y1 GANNAVARAM, GANNAVARAM, KRISHNA DISTRICT, REP. BY ITS PRESIDENT BATHULA SURESH, S/O.SIVAIAH.

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...PETITIONER

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AND

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THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY - FISHERIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.522503.

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THE DISTRICT COLLECTORFISHERIES, MACHILIPATNAM, KRISHNA DISTRICT.521002.

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THE JOINT DIRECTORFISHERIES, FISHERIES DEPARTMENT, MACHILIPATNAM, KRISHNA DISTRICT.521003.

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THE ASSISTANT DIRECTORFISHERIES, GUDIVADA, KRISHNA DISTRICT.521301.

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THE FISHERIES DEVELOPMENT OFFICER, PORANKI,

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VIJAYAWADA, NTR DISTRICT.521137.

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THE ASSISTANT INSPECTORFISHERIES, PORANKI, VIJAYAWADA, NTR DISTRICT.521137

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BAHUBALENDRUNIGUDEM GRAM PANCHAYAT, BAHUBALENDRUNIGUDEM VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT, REP BY ITS PANCHAYAT SECRETARY.521286

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BADUGU ISRAEL SYAM KUMAR, S/O.MOSHE, AGED ABOUT 38 YEARS, OCC DRIVER, R/O-HARIJANAVADA, GANNAVARAM, KRISHNA DISTRICT.521101.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 6th respondent addressing a letter dated Nil) to the 7th respondent directing to grant leasehold fishing rights in favour of the 8th respondent without following the procedure as illegal and arbitrary and violation of G.O.Ms.No.343, dated 10.04.1978 and consequently direct the respondents to grant leasehold fishing rights in favour of the petitioner society for the upcoming period of three years i.e., 2025-26 to 2027-28 and pass

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IA NO: 1 OF 2026

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant interim direction directing the direct the respondents to grant leasehold fishing rights in favour of the petitioner society for the upcoming period of three years i.e., 2025-26 to 2027-28, pending disposal of the above writ petition and pass

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Counsel for the Petitioner:

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1.B V ANJANEYULU

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Counsel for the Respondent(S):

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1.GP FOR FISHERIES

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The Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

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W.P.No.3057 OF 2026

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O R D E R:

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The present Writ Petition is filed questioning the action of Respondent No.6 in addressing a letter to Respondent No.7, directing to grant leasehold fishing rights of Akkayyagunta Cheruvu in favour of Respondent No.8, without following the procedure, as illegal and arbitrary.

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The Petitioner is a Fishermen Cooperative Society registered in the year 1992. The Petitioner/Society was earlier granted the leasehold fishing rights of Akkayyagunta Cheruvu, which was situated within the limits of Respondent No. 7/Gram

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Panchayat for a period of three (03) years i.e., 2022-2023 to 2024-2025 vide Proceedings in L.D.C.No.172/2022/C, dated 09.06.2022, and requisite fees was paid by the Petitioner/Society.

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After completion of aforesaid three (03) year period, Petitioner/Society gave a representation dated 07.01.2026 to Respondent No.6 for grant of leasehold fishing rights of said Akkayyagunta Cheruvu in favour of Petitioner/Society. It was

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submitted that Respondent No.6 had issued a letter recommending for grant of leasehold rights of aforesaid Akkayyagunta Cheruvu in favour of Respondent No.8 i.e., Badugu Israel Syam Kumar. Questioning the same, the present Writ Petition is filed.

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Learned counsel for Petitioner/Society submits that, as per the policy of the State Government, the priority for grant of fishing rights of the aforesaid Akkayyagunta Cheruvu should be given to the Fishermen of the Petitioner/Society, and in the absence of Society, an auction should be conducted; there is no scope for granting leasehold rights on recommendation by Respondent No.6.

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Learned Assistant Government Pleader, on instructions, submitted that the deponent of the Writ Petition, i.e., Bathula Suresh, had conducted an election and declared himself as president before the expiry of the term of the Managing Committee. It was further submitted that the Petitioner/Society is an aided one and the District Collector is the Election Authority. It is also submitted that new members were admitted

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into the Petitioner/Society without permission from the competent authority, and the Petitioner/Society has failed to submit records to the Competent Authority and was not following the provisions of Andhra Pradesh Cooperative Societies Act, 1964. It is further submitted that the recommendation to give leasehold rights to Respondent No.8 was placed on request by the Petitioner/Society members themselves.

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Learned Standing Counsel appearing for Respondent No.7/Gram Panchayat would submit that no lease was issued in favour of Respondent No.8.

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Considering that factual disputes are raised in this Writ Petition, it would be appropriate for these aspects to be considered by the statutory authorities, therefore, Writ Petition is disposed of with the following directions:-

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(i) The Petitioner/Society was given liberty to submit a detailed representation to the RespondentAuthorities seeking for grant of leasehold fishing rights of Akkayyagunta Cheruvu in their favour.

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