THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
WRIT PETITION No.43391 of 2022
ORDER:
This Writ Petition has been filed seeking a Writ of Mandamus declaring that the petitioners being legal owners of property of Bundikaunta Tank situated in Sy.No.114 of Peddakorukondi Village Kalluru Mandal of Khammam District and therefore they alone are having exclusive rights for fishing in their land and to pass such other order or orders.
2. Brief facts leading to the filing of the present Writ Petition are that the petitioners claim to be the owners of the land in Sy.Nos.111 and 114 to an extent of Ac.9-34 gts. It is submitted that the said lands are low lying lands and therefore their patta land is submerged and the petitioners alone are the owners of the land and having fishing rights in their land. It is submitted that they were contemplating to grant fishing rights to 3rd party apprehending that the said action would be taken denying fishing rights to the petitioners in their own lands, the petitioners gave representations to the respondents on 15.03.2021 and 01.08.2022 and the grievance of the petitioners is that the said representations have not been disposed of so far by the respondents.
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4. Learned Government Pleader for Fisheries is also heard.
5. Having regard to the fact that the subject land is the submerged patta and shikam land of the petitioners as claimed by them and therefore, they are the rightful owners of the land and alone are eligible to do fishing in their land as held by this Court in Writ Petition No.17153 of 2020. The respondents are therefore directed to consider the representations of the petitioners dated 15.03.2021 and 01.08.2022 and to pass appropriate orders thereon within a period of three (03) weeks from the date of receipt of a copy of this order by taking into consideration the judgment of this Court in W.P.No.17153 of 2020 dated 02.03.2022.
6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date:01.12.2022 Note: Furnish C.C in a Week.
TU/PRN PMD,J W.P.No.43391 of 2022 79 THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No.43391 of 2022 Date:01.12.2022 Note: Furnish C.C in a Week.
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