VIRUVURU GRAM PANCHAYAT Vs. COLLECTOR NELLORE

JUDGEMENT

(1.) The Viruvuru Gram Panchayati represented by its Sarpanch has instituted these proceedings seeking a direction to the respondent Nos. 1 to 4 to issue fishing rights to the petitioner in Nakkalagandi Reservoir (for short 'the tank') situate within the limits of the village.

(2.) Asserting that the aforementioned tank is a minor irrigation tank situated within the limits of the petitioner-Grampanchayat and that for the past forty (40) years, the fishing rights in the tank were being enjoyed by the petitioner-Grampanchayat by obtaining lease from the State Government, the petitioner sought the relief already adverted to.

(3.) The petitioner is stated to have sent a representation to the respondent Nos. 1 to 4 on 13-04-1999 seeking permission for securing the lease-hold fishing rights in the tank. In the said representation it was also alleged that a bogus society has been brought forth at Ramapuram, whose members were intending to deprive the interest and rights of the petitioner over the fishing rights in the tank. It is further stated that the 6th respondent-Society was registered on 20-11-1998, in which, of the forty two (42) members, only thirteen (13) members belong to Kakulluvaripalle village, while eighteen (18) members belong to Rompidodla village; five (5) members belong to Vempadu village and the rest of the six (6) members belong to Mahanadapuram village. All these villages are quite at a distance of 8 to 12 K.Ms. from the tank and the villagers therein were having cultivation of their own lands from the tank water and they have no other rights. With a view to deprive the rights of the petitioner-Grampanchayat of its traditional fishing rights in the tank, the villagers of these villages have conspired to form the society and secure fishing rights for themselves, is the further contention in the wrjt petition.