Petitioner challenged suspension of Sarpanch for allowing fishing during lease period. Court found grievance resolved by official suspension, closed writ petition without further orders.
Closed writ petition. No further orders required as grievance resolved by suspension of Sarpanch.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3303 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY,THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
WRIT PETITION NO: 27879 OF 2022
Between:
Primary Fishermen Cooperative Society, Kondareddypally Villag e Mandal, Balmoor District, Nagarkurnool, Telangana State, Repby its P resident B Venkataiah
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution oflndia prayingthat in the circumstances stated inthe affidavit filed therewith, the High Court maybe pleased to pleased to issue a writ, order or direction moreparticularlyone in the
nature of a WRIT O : l'4A,NDAl\4US declaring the actiorr of th: llespondents in not taking action agait st the Respondents No.'1 1 and 12 lc)r not allowing the Petitioner to catch Fishes in Tanks of Jalagam Cheruvu l(oflrapally Village, Balmoor Mandal, N garkurnool District, Telangana State, ir soite of show cause notice dated 1 0/06/ 022 Ulsec.37(1 ) of Panchayat Raj Act 2101€ issued by the Respondenl No.8 i rd representation of the Petitioner dzr:r,:d.l 110512022, as illegal, arbitrary, cor ;equently direct the Respondents to ta[:o action against the Respondents No.11 and 12 for not allowing the pelitioner..:o catch Fishes in Tanks of Jalagam( heruvu, Kothapally Village, Balmoor M tndal Nagarkurnool District, Telangana S iate, in the, interest of justice.
lA NO: 1 OF 2022
Petition under section 151 cpc praying that in the c r(:umstances stated in the affidavit filed i support c)f the petition, the High court rrray be pleased to direct the Responde rls 1o consider the representation of - r,r pr:titioner dated 1110512022 and to t ke action against the Responderrts No 'l 1 ernd.12 for not allowing the Petitionr r to catch Fishes in Tanks of Jalagam ()heruvu, Kothapally Village, Balmoor M rndal, Na,Jarkurnool District, Telangar;: State, pending disposal of the main ' /rit Petition.
Counsel for the Petit >ner: SRl. D V SHRIKANT
Counsel for the Resp :ndent No.1: Gp FOR GENERAL ADMlll|"<;TRATION
Counsel for the Resp rndent No.2, 4, 7: ASSISTANT GOVERI\IMENT PLEADER FOR FISHERIES
Counsel forthe Resp rndent No..l1: SRI. p. KISHORE RAO, SC:
Counsel for the Resp rndent No.,t2: SRl. M. DAMODAR REDDy
counsel for the Resp ,ndent No.3, to 5, I and 9: GP FoR pANcrHA/AT RAJ
Counsel for the Resp, ndent No.6: Gp FOR REVENUE
Counsel for the Resp, ndent No.l0: Gp FOR HOME
The Court made the fi llowing: ORDER
HON'BLE SRI JUSTICE J. SREENIVAS RAO
\IrRIT PETITION No.27a79 of 2022
ORDER:
When the matter is taken up for hearing, learned counsel for the petitioner as well as learned Assistant Government Pleader for Fisheries appearing on behalf of respondent Nos.2, 4 and 7, learned Standing Counsel, Sri P. Kishore Rao, appearing on behalf of respondent No.1l and Sri M. Damodar Reddy, appearing on behalf of respondent No. 1 2 , submit that after expiry of the lease period fisheries Department granted lease in favour of petitioner-society and now the petitioner-society is in possession and is doing fishing activities in Jalagam Cheruvu, Kothapally Village, Balmoor Mandal, Nagarkurnool District.
wherein ar intcrim orderu,as granted andLt;e :;aid "vrit petition is pr3n6ling. He lurther submitstha I in t he said writ pctiti( n thepe titioner- society isin-rpleact::<1 asparty responden zrnd thc same was not denied blr tl'rclearned counsel for the petitioner.
shalI stan( closed.
SD/- MOHD. SANALILLAHANSARI ASSIS'TATIT REGISTRAR
//TRUE COPY//
SiECTION OFFICER
To, 1. One CC to St . D V Shrikant, Advocate IOPUCI 2. One CCto Sri P. Kishore, Rao, SC, IOPUC] 3. One CCto Sri tv1. Damoclar Reddy,Advocate, [OPUC]4. Two CCs to ;p tor f{er".nue, ftifjfrCourt for Siate of T<rlangarn4[OUT] 5. Two CCs to ip i6i nor", Highbourtfor State of Telarrq;rna,.[oUT] 1. Two CCsto iF iiii ijiii"nlvai nij,Higr' court for state I i;f rt:lang-an9-lourl 6. Two CCsto ii, iiii rGnJie'., Hishco"urt for state of rr: i' ngana, [oUT] 7. Two CCs to( F foi o"n"iiiAdministration,High Court :o' the Stateof Telangana. [C JT] 8. Two CD CoPi, S TJ GJPA--
HIGH COUR'
DATED:1410,t|2023
ORDER
WP.No.2787t of 2022
:ra-
": --'.
2 il [lfi Zt?3
CLOSING THr: WRIT PETITION
WITHOUT CC STS.
tf
tol'l.t2 t<br>Sq) \o
1 issue framed by the court
Whether to grant relief for not allowing the petitioner to catch fishes in tanks despite a lease grant.
2 provisions across 2 enactments
Primary Fishermen Cooperative Society, Kondareddypally Village Mandal, Balmoor District, Nagarkurnool
State of Telangana, Rep by Chief Secretary, Secretariat at BRK. Bhavan, Tank Bund, Hyderabad
State of Telangana, Rep by Principal Secretary, Animal Husbandry and Dairy Development Fisheries
S. Murali, Sarpanch Kothapally Gram Panchayat
Kothapally Gram Panchayat
J. Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
