J SESHAIAH Vs. M VENKATESWARLU

JUDGEMENT

(1.) This civil revision petition is filed against the order dt. 15-11-90 in C.M.A. No. 93/90 on the file of the District Judge, Machilipatnam. The learned District Judge by his order allowed the appeal, set aside the order of injunction passed in I.A. No. 324/90 in O.S. No. 47/90 and remanded the matter to the trial court for further enquiry and fresh disposal remarking that findings should be recorded on the real points in controversy viz., whether the area of operation X-1, X-2, X-3, and X-4 lies within the Panchayat limits, of Nidamarru or Kruthivennu Gram Panchayats.

(2.) The facts leading to the present civil revision petition are as follows: Intern swamp with an outlet to the sea is situated in between Kruthivennu and Nidamarru panchayats of Bantumilli taluk of Krishna District. A large number of fishermen in the locality were seeking out their livelihood by fishing in the swamp area. Under the Indian Fisheries Act, Act IV of 1897 the Fisheries Department was granting licences to the fishermen to do fishing with different types of nets. The licences were being issued as licences to do fishing in Interu swamp area specified in condition No. 1 of the Licence form. The method of fishing is also indicated in the licence. From 1985 onwards the Panchayat Board of Kruthivennu one of the rich villages in the locality started asserting its rights and it came forward with the theory that the Interu. swamp is in the limits of Kruthivennu panchayat and that it is a property which vested in the Panchayat under Section 85 and it started issuing leases regarding the fishing rights. Then troubles arose, litigation cropped up, criminal cases also came up. In view of these conflicting claims the present revision petitioners filed O.S. No. 47/90 and they filed I.A. No. 324/90 for grant of a temporary injunction pending decision of the suit. The petitioners are residents of Urlagoaditippa. They ate traditional fishermen who are doing fishing in X-1, X-2, X-3 and X-4 area which forms part of the mouth leading from the swamp to the Bay of Bengal. They were doing the fishing by erecting stakenets. Their present suit and claim is to safeguard their rights of fishing in the area, X-1, X-2, X-3 and X-4.

(3.) The claims of the petitioners are resisted by the respondents who claim that they are members of a Fishermen Cooperative Society and that they are having licences from the Kruthivennu Gram Panchayat. It is claimed that the Interu swamp is within the limits of Kruthivennu Gram Panchayat and that it has vested in the Gram Panchayat. They also say that the Interu swamp is correctly known as Kruthivennu swamp area and that it is a natural stream formed through which water from the Bay of Bangal flows towards north and recedes into the Bay of Bengal, They claimed that after passing of the Gram Panchayat Act the Fisheries Department has no control or right to regulate the fishing in the swamp area. They rely upon a judgment of this court in W.P. No. 3187/68 and certain proceedings of the District Collector and the Gram Panchayats Act,