Disposed

Rep. by its President, Sri India Subbarao, v. Government of Andhra Pradesh

Telangana HC7 Dec 2012WP/36856/2012

Case brief

AI extract

What is this about?

The court disposed of a writ petition by the Girijana Jalarla Co-operative Society Limited. After noting that the auction of fishing rights had been stopped pursuant to instructions, the court permitted respondents to follow relevant rules for renewing the lease in favor of the petitioner society.

What did the court decide?

Writ petition disposed; respondents permitted to take steps for renewal of lease in favor of petitioner.

Rep. by its President, Sri India Subbarao, Vs… — Landlord and Tenant | Telangana HC (2012)

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HON’BLE SRI JUSTICE R. SUBHASH REDDY

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WRIT PETITION No.36856 OF 2012

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ORDER:

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This Writ Petition is filed seeking a direction by way of mandamus to declare the auction notice, dated 15.11.2012, issued in R.C.No.TANKS/2011, as illegal and arbitrary.

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The petitioner is a Girijana Jalarla Co-operative Society Limited. It is stated in the affidavit filed in support of the Writ Petition that all the members of the petitioner – Society are fishermen and their livelihood depends on the income, which they derive from fishing.

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In the Writ Petition, it is the grievance of the petitioner – Society that though with regard to the water sources, which are within the area of operation of it, preferential rights are conferred upon it, respondent No.5 is taking steps to conduct auction for the fishing rights.

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When the matter came up earlier on 29.11.2012, this Court directed the respondents not to take any steps for auction, pursuant to auction notice, dated 15.11.2012, and posted the matter to today to enable the learned Government Pleader for Fisheries to obtain instructions.

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Based on the written instructions obtained from the Assistant Director of Fisheries, Ongole, dated 07.12.2012, it is submitted by the learned Government Pleader that the auction proposed is stopped, necessary instructions are already given to respondent No.5 and based on the representation filed by the petitioner – Society, steps are being taken for renewing the lease in favour of the petitioner as per the guidelines issued by the Government in G.O.Ms.No.776, Food and Agriculture (Fish.II) Department, dated 31.12.1990.

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In view of the submission made by the learned Government Pleader for Fisheries that the respondents are not holding any auction

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with regard to the water source, which is within the area of operation of the petitioner, I deem it appropriate to dispose of the Writ Petition by recording the submission made by the learned Government Pleader and by permitting the respondents to take steps for renewal of lease in favour of the petitioner – Society by following the Rules, which are applicable and in force for grant of lease of fishing rights to the petitioner – Society.

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Subject to the above directions, the Writ Petition is disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. No costs.

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________________________ R. SUBHASH REDDY, J

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December 07, 2012 MD

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HON’BLE SRI JUSTICE R. SUBHASH REDDY

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WRIT PETITION No.36856 OF 2012

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December 07, 2012

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