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2025 DIGILAW 1088 (TS)

Rajaka Society - Kotyal v. State of Telangana

2025-09-24

A.ABHISHEK REDDY

body2025
ORDER: A. ABHISHEK REDDY, J. As the issue in all the present Writ Petitions is one and the same, the present Writ Petitions are being disposed of by this common order with the consent of all the parties. ORDER: A. ABHISHEK REDDY, J. As the issue in all the present Writ Petitions is one and the same, the present Writ Petitions are being disposed of by this common order with the consent of all the parties. W.P.Nos.11020 and 11008 of 2022 have been filed for the following relief: “…..to issue any appropriate Writ Order or direction preferably a writ in the nature of Mandamus declaring proceedings of the 5th respondent in No 01/Koulu/202122 dated 20/12/2021 and the consequential proceedings of the 5th respondent Lr No 36/C/2016 dated Nil 12/2021 as being illegal arbitrary violative of Articles 14 191g and 21 of the Constitution of India and also contrary to the G O Ms No 17 dt 07/09/2021 of the 1st respondent and consequently set aside the same and direct the 5th respondent to grant fishing rights to the petitioner Society for Lingalacheruvu tank Kotiyala village Mulugu Mandal Siddipet District or in the alternative direct the 5th respondent to conduct open auction for grant of fishing rights in respect of all tanks situated in Kotiyala Village, Mulugu Mandal, Siddipet District.” W.P.No.24553 of 2022 has been filed for the following relief: “…..to issue any Writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No 7 not allowing the Petitioner Society to catch the Fishes in 6 tanks i e 1 Patha Cheruvu 2 Kotha Cheruvu 3 Balijavani Kunta 4 Lingala Ceruvu 5 Chakali Kunta 6 Girmela Kunta inspite of the Orders dated 03032022 passed by this Honble Court in IA No 1 of 2022 in WP No 11020 of 2022 and WP No 11008 of 2022 and also the proceedings of the Respondent No 9 vide Proc No 245/ D/2017 dated 30.04.2022 as illegal arbitrary and violation of principles of natural justice and consequently direct the Respondent No 7 not to stop the Petitioner Society from catching the fishes in 6 tanks i e 1 Patha Cheruvu 2 Kotha Cheruvu 3 Balijavani Kunta 4 Lingala Ceruvu 5 Chakali Kunta 6 Girmela Kunta.” W.P.Nos.24976 and 24984 of 2022 have been filed for the following relief: “…..to issue any appropriate Writ Order or direction preferably a writ in the nature of Mandamus declaring the action of the 5th Respondent in issuing Proceedings bearing Procg No 245/D/2017 dated 30 04 2022 as being illegal arbitrary violative of Articles 14 191g and 21 of the Constitution of India and also contrary to the G O Ms No 17 dt 07 09 2021 of the 1st respondent and consequently set aside the Proceedings bearing Procg No 245/D/2017 dated 30 04 2022 of the 5th respondent.” The main dispute in the present Writ Petitions is in respect of the two tanks, namely, Chakali Kunta and Lingala Cheruvu, which are situated in Kotiyala Village. The Writ Petition Nos.11020 & 24976 of 2022 and 11008 & 24984 of 2022 are filed by the two societies, namely, Rajaka Society-Kotyal, and SC Ambedkar Society-Kotyal, which consists of the members of Rajaka community and the Scheduled Caste, respectively, whereas, Writ Petition No.24553 of 2022 is filed by Kotiyala Primary Fishing Cooperative Society, Kotiyala Village, Mulugu Mandal, Siddipet District (‘Primary Society’) which consists of members of Mudiraj community and is arrayed as the respondent No.8 society in the above mentioned four Writ Petitions. It is the case of the Rajaka and SC Ambedkar societies that since 1995, they are conducting fishing operations in respect of the six tanks i.e., Patha Cheruvu, Kotha Cheruvu, Balijavani Kunta, Lingala Cheruvu, Chakali Kunta and Girmela Kunta, which are located in Kotiyala Village. That on mutual understanding, insofar as the two tanks i.e., Chakali Kunta and Lingala Cheruvu are concerned, the Rajaka and SC Ambedkar Societies are conducting fishing operations and in respect of the other four tanks are concerned, fishing rights were given to the Primary Society. The Primary Society on an earlier occasion had filed Writ Petition No.7114 of 2020, in which, this Court vide order dated 02.06.2020 had directed the Commissioner, Fisheries Department, Hyderabad, who has been arrayed as respondent No.2 therein, to pass necessary orders with regard to the fishing rights in respect of the two tanks i.e., Chakali Kunta and Lingala Cheruvu strictly in accordance with the various Government Orders passed by the Government from time to time. Thereafter, the Government has issued G.O.Rt.No.268, Panchayat Raj and Rural Development (GP-FIN) Department, dated 23.07.2021 and another G.O.Ms.No.17, Animal Husbandry, Dairy Development & Fisheries (F) Department, dated 07.09.2021, but, the District Fisheries Officer, Siddipet, without adhering to the above said G.Os, has passed the orders dated 20.12.2021 granting fishing rights exclusive to the Primary Society. The learned counsel for the Rajaka and SC Ambedkar societies has stated that in I.A.No.1 of 2022 in Writ Petition Nos.11020 and 11008 of 2022, this Court vide orders dated 03.03.2022, while observing that the lease amounts paid by the Primary Society were much prior to the dates of issuance of the above mentioned G.Os, has granted status quo to be maintained by the Rajaka and SC Ambedkar Societies as well as the Primary Society and has further directed the authorities to take necessary action. But, the District Fisheries Officer, Siddipet, without adhering to the orders dated 03.03.2022 passed by this Court in I.A.No.1 of 2022 in Writ Petition Nos.11020 and 11008 of 2022, has passed the order dated 30.04.2022, which is impugned in Writ Petition No.24976 and 24984 of 2022, again, granting fishing rights to the Primary Society till 30.06.2022. The learned counsel has stated that the order dated 30.04.2022 has been passed by the District Fisheries Officer, Siddipet, without putting the Rajaka and SC Ambedkar societies on notice and without adhering to the various conditions stipulated in G.O.Rt.No.268 dated 23.07.2021 and G.O.Ms.No.17 dated 07.09.2021 and the other G.Os issued by the Government from time to time and therefore, prayed to set aside the same. Further, it is stated that the District Fisheries Officer, Siddipet, without having any authority or jurisdiction, has written a letter bearing No.36/C/2016 dated -Nil-.12.2021 to the Commissioner of Police, Siddipet District, to grant police protection to the Primary Society and the same is questioned in Writ Petition Nos.11020 and 11008 of 2022. The learned counsel has also stated that still, the Primary Society has not filed counter in spite of giving number of opportunities and therefore, prayed this Court to allow the Writ Petition Nos.11020, 11008, 24976 and 24984 of 2022. The learned counsel appearing on behalf of the Primary Society has stated that the District Fisheries Officer, Siddipet, strictly in consonance with the orders passed by the Government from time to time, has passed the order dated 30.12.2021 granting fishing rights to the Primary Society. That the Writ Petition Nos.11020, 11008, 24976 and 24984 of 2022 are not maintainable as the members of the Rajaka and SC Ambedkar societies are not entitled for carrying fishing operations and only the members of the communities, which are identified by the Government, are entitled to the fishing rights. The learned counsel has stated that the Primary Society consists of the members belonging to Mudiraj community and as per the orders passed by the Government, they have been identified as the persons, who are entitled for conducting fishing operations in the tanks, and therefore, the members of the Primary Society alone are entitled for conducting fishing operations. On the other hand, the learned Government Pleader has stated that the order dated 20.12.2021 passed by the District Fisheries Officer, Siddipet, is strictly in accordance with law. On the other hand, the learned Government Pleader has stated that the order dated 20.12.2021 passed by the District Fisheries Officer, Siddipet, is strictly in accordance with law. That the members of the Primary Society are belonging to the community, which is mentioned in G.O.Ms.No.98, Revenue Department, dated 22.01.1964. The learned Government Pleader has also stated that as the members of the Primary Society belong to recognized community, which can carry fishing operations, the District Fisheries Officer, Siddipet, has granted fishing rights in favour of the Primary Society as per the orders passed by the Government from time to time and that the Primary Society has paid the lease amount for the year 2021-22. The Primary Society has filed Writ Petition No.24553 of 2022 for issuing directions to the Station House Officer, Mulugu Police Station, Siddipet, not to interfere with the rights of the Primary Society for catching the fish in respect of the six tanks. After hearing the parties at length and perusing the record, it is seen that the District Fisheries Officer, Siddipet, has passed the order dated 20.12.2021, which is impugned in Writ Petition Nos.11020 and 11028 of 2022, and he has also passed another order dated 30.04.2022, which is impugned in Writ Petition Nos.24976 and 24984 of 2022. A perusal of the order dated 20.12.2021 passed by the District Fisheries Officer, Siddipet, shows that the District Fisheries Officer does not refer to the orders dated 02.06.2020 passed by this Court in Writ Petition No.7114 of 2020 and in I.A.No.1 of 2020 in Writ Petition No.7114 of 2020. The orders dated 02.06.2020 passed by this Court in Writ Petition No.7114 of 2020 and in I.A.No.1 of 2020 in Writ Petition No.7114 of 2020 read as under: W.P.No.7114 of 2020 “…. In the light of the dispute, it is desirable that the 2 nd respondent Commissioner shall bestow his attention to the problem and after analyzing the G.Os., take a categorical stand with respect to the exclusive right that is being claimed by the petitioner vis-à-vis the various communities and people traditionally dependent upon the water bodies. In the light of the dispute, it is desirable that the 2 nd respondent Commissioner shall bestow his attention to the problem and after analyzing the G.Os., take a categorical stand with respect to the exclusive right that is being claimed by the petitioner vis-à-vis the various communities and people traditionally dependent upon the water bodies. This stand is required to be taken by the 2 nd respondent and necessary clarifications are to be issued, as, on day to day basis, across the State, disputes are being raised and the Writ Petitions are coming up before the Court as if the Court is required to take such a decision rather than the department. Such exercise shall be completed by the 2 nd respondent within eight weeks from today and necessary affidavit shall be placed before the Court.” I.A.No.1 of 2020 in W.P.No.7114 of 2020 “….In the light of the above, particularly, considering the categorical stand taken by the Gram Panchayat and also to avoid withering away of the fish wealth in the tank on account of the fast-receding water, pending disposal of the Writ Petition, it is appropriate, the petitioner society shall be given fishing rights with respect to other tanks except Chakalikunta and Lingalacheruvu. The learned counsel for the petitioner does not object for this interim arrangement to avoid conflict, however, seeks the matter to be decided legally as expeditiously as possible. There shall therefore, be a direction to the 10 th respondent – Gram Panchayat to give necessary orders to the petitioner to harvest the fish wealth in the respective tanks except Chakalikunta and Lingalacheruvu.” (Emphasis added) But, for the reasons best known, the Commissioner, Fisheries Department, did not pass any order, but, the District Fisheries Officer, Siddipet, has passed the order dated -Nil-.12.2021. Moreover, a perusal of the order dated -Nil-.12.2021 shows that the Primary Society has paid the lease amount of Rs.8,300/- for the year 2020-21 on 13.02.2021, but, by the date of passing of that order, the Government had already issued G.O.Rt.No.268 dated 23.07.2021. No explanation is forthcoming from either of the parties as to how the fishing rights are given to the Primary Society in the month of December, 2021, based on the G.O.Rt.No.268 dated 23.07.2021, based on the lease amount paid in the month of February, 2021. No explanation is forthcoming from either of the parties as to how the fishing rights are given to the Primary Society in the month of December, 2021, based on the G.O.Rt.No.268 dated 23.07.2021, based on the lease amount paid in the month of February, 2021. Admittedly, the lease amount has been paid by the Primary Society on 13.02.2021 much prior to the issuance of the said G.O.Rt.No.268 dated 23.07.2021. Moreover, the order dated 20.12.2021 passed by the District Fisheries Officer, Siddipet, does not indicate that the Rajaka and SC Ambedkar Societies were either put on notice or given an opportunity of hearing before passing the order dated 20.12.2021. On this ground alone, the order dated 20.12.2021 is liable to be set aside. Insofar as the order dated 30.04.2022, which is impugned in Writ Petition Nos.24976 and 24984 of 2022 is concerned, it is to be seen that in I.A.No.1 of 2022 in Writ Petition Nos.11020 and 11008 of 2022, this Court has passed the order dated 03.03.2022, the operative portion of which reads as under: “…..The material placed on record substantiates that the respondent authorities did not scrupulously follow the requisite procedure under the aforementioned G.Os in granting fishing rights in favour of respondent No.8 Society. A detailed examination of the record is necessary. In view of these circumstances, the fishing rights of the petitioner in relation to subject tanks need to be protected, so also the fishing rights of any other society, till the next date of hearing. Under these circumstances, the petitioner as well as the unofficial respondent No.8 shall maintain status quo in relation to fishing rights over the subject tank, in all respects, till 31.03.2022. It is made clear that this order will not prevent the respondent – authorities from granting fishing rights to the societies in respect of the subject tanks in terms of the above G.Os.” But, the District Fisheries Officer, Siddipet, taking advantage of the last paragraph of the said interim order, has passed the order dated 30.04.2022, which is impugned in Writ Petition Nos.24976 and 24984 of 2022, again, granting fishing rights to the Primary Society. Even a perusal of the order dated 30.04.2022 does not indicate that the Rajaka and SC Ambedkar Societies were put on notice before passing the said order. Even a perusal of the order dated 30.04.2022 does not indicate that the Rajaka and SC Ambedkar Societies were put on notice before passing the said order. Even though the District Fisheries Officer, Siddipet, was well aware of the pendency of the Writ Petition Nos.24976 and 24984 of 2022, he has not put the Rajaka and SC Ambedkar Societies on notice. Moreover, it is seen from the order dated 30.04.2022 that an upset price of Rs.8,240/- was fixed for the six tanks existing in Kotiyala Village as per the procedure. But, the counter of the official respondents is silent as to when the said upset price was fixed by the District Collector. Vide G.O.Ms.No.17 dated 07.09.2021, the Government has formed comprehensive guidelines for granting fishing rights. 3(i) of such guidelines reads as under: “The upset prices of such tanks shall be fixed by the District Collector. The District Fisheries Officer concerned shall obtain the approval of the District Collector to fix upset price. The upset prices fixed will be valid for initial period of (5) years. Every year, the lease rates shall be increased by 5% over the previous year or as per the orders of the Government issued from time to time.” It is clear from the above mentioned guideline that it is only the District Collector who can fix the upset price. In view of the same, this Court is of the opinion that the order dated 30.04.2022 passed by the District Fisheries Officer, Siddipet, is contrary to the orders dated 03.03.2022 in I.A.No.1 of 2022 in Writ Petition Nos.11020 and 11008 of 2022. The District Fisheries Officer, Siddipet, without following the procedure as contemplated under the G.O.Rt.No.268 dated 23.07.2021 and G.O.Ms.No.17 dated 07.09.2021 has passed the order dated 30.04.2022, which is impugned in Writ Petition Nos.24976 and 24984 of 2022, without putting the Rajaka and SC Ambedkar Societies on notice. Therefore, the order dated 30.04.2022 is liable to be set aside. Having regard to the above, the orders dated 20.12.2021 and 30.04.2022 are hereby set aside and the matter is remanded back to the Commissioner, Fisheries Department, Telangana, to verify the records and pass necessary orders duly putting all the parties on notice. Therefore, the order dated 30.04.2022 is liable to be set aside. Having regard to the above, the orders dated 20.12.2021 and 30.04.2022 are hereby set aside and the matter is remanded back to the Commissioner, Fisheries Department, Telangana, to verify the records and pass necessary orders duly putting all the parties on notice. It is made clear that the Commissioner shall verify as to which among Rajaka, SC Ambedkar and Primary Societies, is qualified for conducting the fishing operations in respect of the six tanks in Kotiyala Village. If the Commissioner comes to the conclusion that a particular society alone is eligible for conducting fishing operations, then, the Commissioner shall give reasons for coming to such conclusion and grant fishing rights to the said society. Having regard to the fact that there is serious tussle between the Rajaka and SC Ambedkar Societies and Primary Society, the Commissioner shall pass necessary orders as expeditiously as possible, preferably, within a period of ten (10) days from the date of receipt of a copy of this order. Having regard to the fact that due to high temperature in Summer season, the fish, which are in the tanks, may perish, this Court is of the opinion that the ends of justice would be met if the orders dated 02.06.2020, which were passed by this Court in I.A.No.1 of 2020 in Writ Petition No.7114 of 2020, granting exclusive fishing rights to the Primary Society for the four tanks i.e., Patha Cheruvu, Kotha Cheruvu, Balijavanikunta and Girmilakunta, are continued to exploit the fish by the Primary Society, and insofar as Lingala Cheruvu and Chakali Kunta are concerned, the same are to be fished by the Rajaka and SC Ambedkar Societies till passing of the orders by the Commissioner. To the extent indicated above, all these Writ Petitions are disposed of. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.