Seripuram Tribal Fishermen ... vs The State Of Telangana
2021 Latest Caselaw 2577 Tel

           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.

::2::

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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