K SHRAVAN KUMAR Vs. RAJENDRA NAGAR MUNICIPALITY COMMISSIONER

JUDGEMENT

(1.) THE common question that arises for consideration in these two writ petitions is, as to whether the rajendranagar Municipality is entitled to, and under obligation to grant lease of fishing rights, in respect of a water body, known as 'palle Cheruvu' of Laxmiguda Village, rajendranagar Mandal. W. P. No. 8516 of 2006 is filed by 9 pattedars of land, which constituted the Water Body, claiming the relief that the Municipality is not entitled to grant lease, alleging that the tank is in their patta lands, and that the Municipality does not have any right to grant lease of fishing rights to any one, including the local fishermen Co-operative Society.

(2.) W. P. No. 18141 of 2006 is filed by the Fishermen Co-operative Society, Kandikal village of Bandlaguda Mandal, Hyderabad district, with a prayer to direct the rajendranagar Municipality and the Assistant commissioner of Fisheries, to grant lease of fishing rights in the said tank.

(3.) THE petitioners in W. P. No. 8516 of 2006 contend that their ancestors have purchased the land in Survey Nos. 103/17, 140, 141, 142, 145 to 150 of Bandlaguda village, and Survey Nos. 95 and 120 of laxmiguda Village of Rajendranagar Mandal, several decades ago. It is stated that on a part of the land, a pond exists, which is utilized for irrigating the rest of the lands, and if the tank is not filled with water, that part of the land is also used for agriculture. According to them, neither the Municipality, nor the Fisheries Department, have any right to grant lease, in respect of any tanks over the private lands.