HONOURABLE THE ACTING CHIEF JUSTICE
SRI M.S.RAMACHANDRA RAO
AND
HONOURABLE SRI JUSTICE T.VINOD KUMAR
W.A.No.435 OF 2021
JUDGMENT: (Per Hon'ble the Acting Chief Justice Sri M.S.Ramachandra Rao)
1. This Writ Appeal is filed challenging the order dt.30.07.2021 in
W.P.No.3067 of 2020.
2. Heard Sri V.V.Raghavan, learned counsel for the appellant,
learned Government Pleader for Fisheries for respondent Nos.1 to 3
and Sri D.L.Pandu, learned counsel for respondent No.4.
3. Learned counsel for the appellant contends that under a mistaken impression that the subject matter is covered by G.O.Rt.No.268 dated 23.07.2021, the writ petition was disposed of. He also states he never conceded that the writ petition would not survive on account of the said G.O. He has also referred to the fact that the subject village was a tribal village and that Government had issued a Memo on 29.05.2019 stating that fishing rights in a scheduled area shall be given to member of scheduled tribe or a society which is composed solely of members of scheduled tribes, and the appellant society is entitled to the lease of fishing rights in the said tank, but the same was ignored.
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4. Having regard to the plea raised by learned counsel for the appellant, we are of the opinion that these points raised by appellant in the Writ Petition appear to have been not taken note by the learned Single Judge when he decided it on 30.07.2021.
5. Therefore, without expressing any opinion on merits of the contentions of either parties, the Writ Appeal is allowed. The impugned order is set aside and the Writ Petition is remitted back to the learned Single Judge for fresh consideration. Registry is, therefore, directed to list W.P.No.3067 of 2020 before the learned Single Judge having provision as per roster on 27.09.2021 to deal with such cases.
6. Pending miscellaneous petitions, if any, in this Writ Appeal shall also stand dismissed. No costs.
_______________________________ M.S.RAMACHANDRA RAO, ACJ ______________________ T.VINOD KUMAR, J Date: 13.09.2021.
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